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Gertrud Metsa

Gertrud

PhD Student

Email: g.metsa@qmul.ac.uk

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Thesis title

Balancing the outcomes by applying economic decision-making theories: a study on divisional practice

Summary of research

The objective of this research is to demonstrate that the way in which the divisional system is used results in sub-optimal results and, furthermore, explain how and why the use of the divisional system is resulting in sub-optimal outcomes even with other restrictions on the use of intellectual property, e.g. that one cannot engage in abusive, anticompetitive behaviour. The thesis will focus on the pharmaceutical industry. 

The thesis focuses on the framework of the divisional system. It analyses the purpose of the divisional system, to be used as a tool to achieve unity of invention and lays out the structure pursuant to the European Patent Convention. It suggests that the way in which the system is designed could potentially lend itself to creating legal uncertainty, which is further exacerbated by the decisions legitimate users of the system make. 

The thesis will analyse the use of the divisional system; the process will be looked through the optics of game and decision-making theories. It proposes that it is possible to explain strategies, comprehend behaviour and explain choices of actors and, thereby, anticipate outcomes. 

The current practice creates problems for the functioning of the European Patent Convention and the Patent Office, resulting in unintended outcomes for patent proprietors and third parties alike, potentially culminating with competition law authorities intervening in the exercise and enforcement of patent rights. 

Biography

Assistant Patent Attorney at AAA legal services, specialising in trade mark disputes and litigation. Herchel Smith Scholarship recipient, currently researching divisional practice at Queen Mary University of London, Centre for Commercial Law Studies. Research Associate and Teaching Associate at QMUL, CCLS. Master of Law (LLM) in Intellectual Property Law at Queen Mary University of London. Took part in the Pan-European Seal Traineeship at the European Patent Office in Munich in 2021 and at the European Union Intellectual Property Office in Alicante in 2022. Her research interests include patents, competition law, pharmaceuticals, and artificial intelligence.

Research

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