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Habilitation
Immaterialgüter- und Wettbewerbsrecht

The Role of the Modern Patent System in the Protection of Global Values: Environment and Health – a Comparative Study

The project analyses the role of patent law within the framework of current global issues of environmental protection and health protection. The goal is to explore potential contributions of the patent system to the creation and dissemination of environmental and health-related technologies.

Letzte Änderung: 01.07.12

The research focuses on patent law in the context of environment-related problems (such as climate change, progressing environmental destruction and dangers coming from this scenario for the humans) as well as the ways of their mitigation. Given that a direct and indirect responsibility for the existing environmental crises lies in the technological development and the exploitation of its fruits by modern societies, one of the factors coming under scrutiny is the system which encouraged such development. Although patent law cannot be employed alone in order to reach the environmental goals, its position in this scenario is strategic in the sense that it shapes the level of protection for inventions and the possible scope of their diffusion beyond the exclusive use by their holders. Consequently, the project examines the impact of patent law on the development and diffusion of environmentally sound technologies.

It addresses the treatment of environmental concerns in existing patent systems (such as the European Patent Convention, the TRIPS Agreement, and national regimes), as well as alternative measures that could influence better development of ‘green’ technologies (i.e., compulsory licensing, open patenting initiatives, or wider availability of publicly founded research). Furthermore, the study deals with international environmental treaties and climate change initiatives, which frame policy choices in patent law, and more generally in intellectual property law.

Another part covers the role of the patent system in health related matters. The comparison between the environment and health in the current debate about the structure of the modern IP law is being increasingly articulated within international climate negotiations. From a methodological perspective, it allows to explore the existing achievements and deficiencies of the adopted health measures with the view to ensure the effective enforcement of the flexibilities available within patent law.

Personen

Habilitand/in

Agnieszka Machnicka

Betreuung

Prof. Dr. Hanns Ullrich

Forschungsschwerpunkte

Funktionen, Zielsetzungen, Werte und Wertungskriterien