Luisa Herrera

Profile

Thesis title

Contract law: looking for solutions to the problem of patent misuse. Novel mechanisms to enhance innovation and technology transfer

Supervisors

• Professor Duncan Mathews
• Professor Noam Shemtov

Biography

Lawyer, Attorney-at-law, graduated from Universidad Externado de Colombia. Master of Law (LLM) in Intellectual Property at Queen Mary University of London. Partner and IP Head at GHA lawyers; research professor of the intellectual property law department at Universidad Externado de Colombia. And current Phd student at CCLS at Queen Mary University of London. Undergraduate and postgraduate professor of subjects related to contracts, intellectual property, patents, and the legal effects of technology in contract law. Author of the book “Frand Licenses and Competition Law”. Also coauthored the book “Patent Law”, edited by Universidad Externado de Colombia.

Publications

• “Legal protection for biotechnical inventions in the European Union. Volume 15 of the magazine “Immaterial Property”, ISSN 1657-1959, December 2011. 
• The dematerialization of contractual relations: challenges of the insurance sector. Medicines patents: incentives to innovation or limits to human health? An analysis carried out from the perspective of intellectual property and competition law”. Colombia 2013. “La Propiedad Intangible”. ISSN: 1657-1959 p.31 - 62 v.17.

The following articles have been published in the IP blog of Universidad Externado de Colombia:

• Access to medications in the developing world: In Colombia 2014
• Social media and the indirect regime of liability in Spain – in Colombia
• A look at the case of Google Books and its effects on the fair use in the digital world. Colombia
• Patentability of embryonic stem cells in Europe. In Colombia 2014
• Comments on professor Ananda Mohan Chakrabarty’s vision on the case of Myriad Genetics. In Colombia 2014
• Shape marks: Another scenario for IP battles? The Kit Kat wrapping. In Colombia 2013
• The protection of color through trademark rights. A discussion that concerns the competitive rights. In Colombia 2013
• A discourse on the democratization of the web. In Colombia 2014
• Legal protection for biotechnical inventions in the European Union, sentenced on July 6, 2010. In Colombia 2010
• The weakening of copyrights in the European Justice Tribunal’s jurisprudence. In Colombia 2015
• Purpose: Nestle loses battle in the High Court of England. Colombia 2016
• United States Supreme Court rejects the revision of Google Books case. Colombia 2016
• Brexit and Intellectual Property. Colombia 2016
• The role of search engines in the protection of copyrights. Comments on the case of SNEP V Google and Bing. Colombia 2016
• The Beatles and the fair use in the High Court of England. Colombia 2016
• Brief analysis of the WTO’s Dispute Settlement Body of USA’s claim against India. Colombia 2014
• Copyright time extension. Is it just a matter of time? Colombia 2013
• Willful licenses. Mechanisms to guarantee access to basic medications? Colombia 2014
• Digital libraries in Europe’s jurisprudence. Colombia 2014
• Mass digitalization finds jurisprudential justification. Colombia 2014

Chapters in published books

• Patent Law, Rengifo García Ernesto, Universidad Externado de Colombia, 2016
• The international standardization of the patent system and its effect on the access to medications (coauthored)
• Industrial Application (coauthored)
• Total disclosure (coauthored)
• Contrary invention to health and human life, animal or wherever exclusion of patentability is necessary for the preservation of plants and environment 
• Patents and TRIPS flexibility 
• Patents and competition law. 

Published book

• FRAND Licenses and Competition Law; tools to compete” 2020, Universidad Externado de Colombia.

Public engagement

• Queen Mary Law Journal – Deputy Peer Review Editor.
• International Trademark Association – Member
• CECOLDA (Colombian Copyright Association) – member
• Alt-Co Member

Research