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.

Myanmar higher education in transition: the interplay between state authority, student politics and international actors.

The Myanmar “period of transition” (2011-2021) has often been described as a puzzle. Various scholars have begun to engage with the Myanmar context in an effort to grasp the essence of the transition it underwent during President Thein Sein’s USPD and Aung San Suu Kyi’s NLD governments. My work focuses on a specific policy sector, higher education, with a view to contributing to this scholarly debate regarding what was actually happening inside this complex country “transition”, especially in terms of collective participation in the process of political and social change. Reviewing existing scholarly literature on the politics of higher education, my study employs a triangle of analysis in which higher education reform is framed as the interplay of action on the part of “state authority”, “student politics” and “international actors”. What does this interplay lens reveal if we consider Myanmar’s “period of transition”? I argue that it shows the ambiguity and contradiction of tangible pushes for progressive social change that coexisted with authoritarian currents and the reinforcement of the societal position of dominant elites. At the policy level, ultimately, a convergence of interests between international actors and state authority served as the force driving the new higher education reform towards a neo-liberal model of governance and autonomy. This work unpacks the higher education reform process thanks to qualitative data gathered through extensive participant observation, in-depth interviewing and critical discourse analysis, shedding light on the rich narratives of those involved in the politics of higher education in Myanmar.