This book is the adapted version of the Master thesis written in the summer of 2016 for the completion of the LL. M. program at MIPLC. The thesis is the result of my lasting interest in public international law and intellectual property law. Since its completion in September, 2016, the work has undergone some changes, primarily due to the developments in the case law it touches upon.
It is with great pleasure and honour that I am writing a foreword for this eminent work, which seeks to promote the international rule of law, contribute to durable global peace, avoid conflict, lead to more effective protection of human rights, as well as sustain economic progress and development. The two volumes ofClimate Change: International Law and Global Governancedescribe important to…
Kamerun - die am Golf von Guinea gelegene ehemals deutsche Kolonie - ist ein geostrategisch relevantes, zentralafrikanisches Land reich an natürlichen Ressourcen. Das kamerunische Recht ist ein Faszinosum aus unterschiedlichen Rechtsquellen. Die Einflüsse aus dem englischen und französischen Recht, gepaart mit den Gewohnheitsrechten der zahlreichen ethnischen Bevölkerungsgruppen, sind auch …
In a recent patent infringement case between Servier and Apotex, courts in the UK were asked to look into the validity of a pharmaceutical patent that claimed a particular crystalline form of a compound called perindopril. Perindopril is a pharmaceutical compound essentially used to treat hypertension. Its preparation and use had been disclosed in a prior patent. The patent in the referred …
The greatest possible freedom’ is a formula which originated in the very first preliminary ruling of the Court of Justice of the European Union in social security, the judgment inHoekstra, 1964. Ever since then, the Court has regularly relied on this formula, most recently inDumont, 2013. The evolution and the power of formulas like ‘the greatest possible freedom’ are the topic of this bo…
This book contains some of the papers that were presented at the first meeting of the newly formed African Expert Study Group on International Criminal Law / Groupe des Experts Africaines en Droit Pénal International held in September 2011 in Brussels, Belgium. The group was established under the auspices of the Multinational Development Policy Dialogue (hereinafter ‘MDPD’) and the Rule of…
When a company intends to place a new product or service on the market, it must understand the risk of infringing the third parties’ intellectual property. It is a common practice for the company to conduct a Freedom-to-Operate (FTO)¹ search to determine and reduce the risks of potential patent infringement prior to launching a new product or service. The FTO search is performed to find rele…
The present book is the result of the master thesis written in the summer of 2015 for the Munich Intellectual Property Law Center (MIPLC) LLM in IP and Competition. The subject of the thesis is the much debated issue of standard-essential patents, their enforcement and the implications for EU competition law. It is an attempt to deal with a problem not much discussed in the literature, namely t…
When recalling the recent United Nations climate process at the eighteenth Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC) and the eighth Conference of Parties serving as the Meeting of the Parties to the Kyoto Protocol (CMP) in Doha, Qatar last December, one may wonder what the diplomatic value of such massive negotiations really is. In the…
The Brexit decision to leave the EU is a miscarriage of democracy. It is an expression of UK sovereignty, proving not, however, that the Kingdom is retrieving its full sovereignty from the EU. Instead it proves that the UK's sovereignty has failed to evolve along with its membership of the EU and take on a European dimension. This failure has seen UK sovereignty regress from a sophisticated…