The industry organization for Swedish intellectual property advisors, SEPAF, is for the first time awarding its thesis scholarship on the topic “patents”.
Winner! – granted SEK 20 000
“The Requirements of Art. 3 (a) and (c) SPC Regulation and Post-grant Amended Patents”
by Anna Sofie Hofmann
– Master Thesis at the Department of Law at Stockholm University
The winning essay provides a detailed analysis of the interpretation and application of Articles 3(a) and 3(c) of the SPC Regulation, examining the evolution of said articles through extensive case law, particularly by the CJEU. It highlights the refinement of criteria for assessing active ingredients and combinations, as well as the interplay between SPC regulations and post-grant patent amendments. The findings underscore that such amendments cannot be used to circumvent the conditions for granting SPCs, ensuring a balance between incentivizing patent holders and safeguarding public interests like health.
The essay merits special recognition for its comprehensive treatment of a complex yet critical topic. By shedding light on the nuanced interaction between patent law and SPC regulations, it offers invaluable insights into achieving regulatory balance. Its well-structured, thorough analysis provides a clear framework for reform discussions, making it an exemplary contribution to legal and regulatory scholarship.
Honorary Awards – granted SEK 5000 each
1. “Closing the Gap: Strategies for Improving Gender Diversity in Innovation”
by Nina Assadi & Emma Strömberg
– Master thesis at School of Business, Economics and Law, Gothenburg University, a project within Innovation and Industrial Management
The essay constitutes a theoretical and empirical investigation of why female inventors are underrepresented in innovation and what can be done about this. The method has included interviewing employees at Volvo Group.
The essay is extensive and a solid work product. The subject deserves to be analysed and the method chosen is well considered. The conclusions provide interesting starting points for further analysis and discussion. The authors have also developed management tools for helping organizations counteract barriers to female innovation.
2. “Take a chance on a Unitary Proportionality Test”
by Annika Greta Kohlstock
– Master Thesis at the Department of Law at Stockholm University
The topic relates to the possibility of obtaining injunction orders against an alleged infringer by the Unified Patent Court (UPC). The essay examines the importance of the proportionality assessment for obtaining injunctions in Germany and France and how the practice there can be used as a basis for a unitary proportionality test, also taking into account Article 13 of the EU Trade Secrets Directive (2016/943/EU).
The essay deals with a highly relevant topic with a clear approach to constructively contribute to the development of the law at UPC. The conclusions of the essay are well-founded and balanced, with concrete proposals that are in harmony with the practice of the compared EU countries and that can constitute a suitable starting point for a unitary proportionality test.
3. ”3D-skrivaren: Den fjärde industriella revolutionens disruptiva kraft” (Eng: The 3D Printer: The Disruptive Force of the Fourth Industrial Revolution)
by Oscar Berghäll
– Student thesis at School of Business, Department of Law, Gothenburg University
The essay provides useful insights into how 3D printer technology influences and is influenced by IP rights.
4. “FRAND Determination in SEP Licensing”
by Paul Björnö
– Master Thesis at the Department of Law at Stockholm University
The paper contains a comprehensive review of the FRAND concept used in royalty distributions for standard essential patents (SEP). It highlights problems and suggestions for improvements to this system.
SEPAF:s jury consisted of Thomas Randes, Rouse; Johan Örtenblad, Noréns; Stefan Lautmann, Aera and Jesper Sellin, Potter Clarkson.
