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Patenty na drugie medyczne zastosowanie – niekończąca się historia wątpliwości i kontrowersji

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Żakowska-Henzler H.
Studia Prawnicze
|
2017
|
issue 4 (212)
7-36
PL
The notion of “second or further medical use” encompasses inventions whose the subject-matter is new medical use of a known product (substance). It means that the product as such, as well as its other medical use, are a part of the state-of-the-art. In our times patent protection of this kind of inventions is common but the concept and model of this protection are differentiated. They mainly depend on whether it is allowed or banned to patent medical procedures (medical methods). The article concerns the patent protection of the second medical use under European patent system, i.e. the system based on EPC and on national patent systems of the countries which are the parties to this Convention. In all these systems, patenting medical methods is banned. The aim of the article is to present the process of establishing the model of patent protection of the second medical use in these systems, and to discuss some of the main hesitations and controversies resulting from this model. They mainly concern the question of compliance of this model with the rules and concepts of patent protection which until recently seemed indisputable.The subject matter and purpose of this kind of inventions evoked also additional questions and problems. In particular, the discrepancy between the patent protection of these inventions and the system of reimbursement of pharmaceuticals, which is common in the countries-EPC parties, is clearly visible. The analysis leads to the conclusion that the apparent difficulties in protecting such patents illustrate the negative consequences of treating legal instruments as tools for achieving specific objectives, but operating in a legal and economic vacuum.
2

CONFIDENTIAL BUSINESS INFORMATION - DEFINITION AND LEGAL CHARACTER OF PROTECTION

100%
Żakowska-Henzler H.
Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej
|
2017
|
issue 4
EN
The term “business secret” is one of many terms used in the language of law and the language of lawyers with reference to the information kept secret, concerning such a method of operation used in the activity of an enterprise which brings market success or at least gives hope for success. Despite the expansion of the industrial property rights, that has been observed for decades, the importance of confidential information, referred to, among others as business secrets or trade secrets, is still growing and is accompanied by the development of the rules for their legal protection. Nowadays, many entrepreneurs treat confidentiality of information as a no less important factor, and often even more convenient for acquiring and maintaining market position than industrial property rights. An illustration and confirmation of the growing role of legal protection of confidential information may be, observed in recent years, the development of national legal regulations concerning this matter, while at the EU level the adoption in 2016 of the Directive 2016/943 on protection of secret know–how and confidential commercial information (an enterprise’s secret) against their unlawful acquisition, use and disclosure. The legal protection of trade secret is the subject of numerous discussions on various aspects of this issue. The paper is dedicated only to one of them – identification of information considered to be an enterprise’s protected secret and a model of this protection. In particular, the focus was on analyzing the compliance in this scope with the Polish law for the protection of business secret pursuant to the Act on Combating Unfair Competition with the Directive 2016/943.
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