Judicial Specialisation in Intellectual Property: the Unified Patent Court as a Model of Specialised Court

The aim of this thesis is to discuss and develop the Unified Patent Court project to account for the role it could play in implementing judicial specialisation in the Intellectual Property field. To provide an original contribution to the existing literature on the topic, this work addresses the issue of how the Unified Patent Court could relate to the other forms of judicial specialisation already operating in the European Union context. This study presents a systematic assessment of the not-yet-operational Unified Patent Court within the EU judicial system, which has recently shown a trend towards being developed outside the institutional framework of the European Union Court of Justice. The objective is to understand to what extent the planned implementation of the Unified Patent Court could succeed in responding to the need for specialisation and in being compliant with the EU legal and constitutional framework. Using the Unified Patent Court as a case study, it is argued that specialised courts in the field of Intellectual Property have a significant role to play in the European judicial system and offer an adequate response to the growing complexity of business operations and relations. The significance of this study is to analyse whether the UPC can still be considered as an appropriate solution to unify the European patent litigation system. The research considers the significant deficiencies, which risks having a negative effect on the European Union institutional procedures. In this perspective, this work aims to make a contribution in identifying the potential negative consequences of this reform. It also focuses on considering different alternatives for a European patent system, which could effectively promote innovation in Europe.

A conceptualisation of a governance model for biobanks in the digital society

Biobanks are key infrastructures in data-driven biomedical research. The counterpoint of this optimistic vision is the reality of biobank governance, which must address various ethical, legal and social issues, especially in terms of open consent, privacy and secondary uses which, if not sufficiently resolved, may undermine participants’ and society’s trust in biobanking. The effect of the digital paradigm on biomedical research has only accentuated these issues by adding new pressure for the data protection of biobank participants against the risks of covert discrimination, abuse of power against individuals and groups, and critical commercial uses. Moreover, the traditional research-ethics framework has been unable to keep pace with the transformative developments of the digital era, and has proven inadequate in protecting biobank participants and providing guidance for ethical practices. To this must be added the challenge of an increased tendency towards exploitation and the commercialisation of personal data in the field of biomedical research, which may undermine the altruistic and solidaristic values associated with biobank participation and risk losing alignment with societal interests in biobanking. My research critically analyses, from a bioethical perspective, the challenges and the goals of biobank governance in data-driven biomedical research in order to understand the conditions for the implementation of a governance model that can foster biomedical research and innovation, while ensuring adequate protection for biobank participants and an alignment of biobank procedures and policies with society’s interests and expectations. The main outcome is a conceptualisation of a socially-oriented and participatory model of biobanks by proposing a new ethical framework that relies on the principles of transparency, data protection and participation to tackle the key challenges of biobanks in the digital age and that is well-suited to foster these goals.

Innovation in aquaculture. Modeling the adoption and implementation processes of innovations in the Italian aquaculture sector

Since the turn of the century, fisheries have maintained a steady growth rate, while aquaculture has experienced a more rapid expansion. Aquaculture can offer EU consumers more diverse, healthy, and sustainable food options, some of which are more popular elsewhere. To develop the sector, the EU is investing heavily. The EU supports innovative projects that promote the sustainable development of seafood sectors and food security. Priority 3 promotes sector development through innovation dissemination. This doctoral dissertation examined innovation transfer in the Italian aquaculture sector, specifically the adoption of innovative tools, using a theoretical model to better understand the complexity of these processes. The work focused on innovation adoption, emphasising that it is the end of a well-defined process. The Awareness Knowledge Adoption Implementation Effectiveness (AKAIE) model was created to better analyse post-adoption phases and evaluate technology adoption implementation and impact. To identify AKAIE drivers and barriers, aquaculture actors were consulted. "Perceived complexity"—barriers to adoption that are strongly influenced by contextual factors—has been used to examine their perspectives (i.e. socio-economic, institutional, cultural ones). The new model will contextualise the sequence based on technologies, entrepreneur traits, corporate and institutional contexts, and complexity perception, the sequence's central node. Technology adoption can also be studied by examining complexity perceptions along the AKAIE sequence. This study proposes a new model to evaluate the diffusion of a given technology, offering the policy maker the possibility to be able to act promptly across the process. The development of responsible policies for evaluating the effectiveness of innovation is more necessary than ever, especially to orient strategies and interventions in the face of major scenarios of change.