Standard-Essential Patents: Conditions for Filing for an Injunction Without Abusing a Dominant Market Position

2020 ◽  
Vol 69 (2) ◽  
pp. 174-181

Philips v Wiko

Author(s):  
František Bartes

This paper deals with the issue of the management cycle of Competitive Intelligence. The author describes the process of Competitive Intelligence in Czech corporate management. He concludes that in most cases, the Competitive Intelligence operations are directed by the top management, and the attention of Competitive Intelligence is being paid to Key Intelligence Topics (KIT). The Competitive Intelligence is then focused on the output of strategic analyses, complemented in some cases with a summary (synthesis) of acquired intelligence plus some signal intelligence (SIGINT). The results of the Competitive Intelligence produced in such a way are actually the outputs mostly applicable in operational management and mostly unsuitable for strategic management. However, top managers abroad almost invariably need the data relevant to the future situation since their decisions are of strategic nature. The following section of the paper is devoted to the conceptual solution of Competitive Intelligence, i.e. the Competitive Intelligence objectives linked with the development strategy of the corporation. Here the author arrives at three basic development strategies: a.) the corporation desires status quo, i.e. to keep its market position as it is, b.) the corporation is out to expand, and c.) the corporation intends not only to keep its existing and dominant market position but strives for its long-term dominance to last.


2020 ◽  
Vol 11 (2) ◽  
pp. 88-99
Author(s):  
Štefan Čarný ◽  
Adrián Šperka ◽  
Vladislav Zitrický

AbstractThe arrival of new customers along the new Iron Silk Road also brings new transport opportunities. The liberalization of railway transport has created many wagons over the railway market throughout the EU, especially in the field of freight transport. Choosing the preferable carrier that can fit the needs of customers is challenging. Each rail freight operator currently shapes its profile by focusing on a specific group of commodities as a matter of priority. By specializing, they gain a dominant market position in their sector that helps them to maintain and expand their clientele. The article aims at bringing a decisive system with clear rules and standards for choosing the right business partner in the freight railway market. The article is designed as a case study that starts with an analysis of four different freight carriers. Other parts of the article are about the evaluation of their ability to meet the needs of a customer.


2015 ◽  
Vol 41 (2-3) ◽  
pp. 483-504
Author(s):  
Nicholas Falcone

Generic drugs occupy a unique position in the U.S. pharmaceuticals market. On one hand, generics are a product of basic free-market economic reasoning. Congress enacted the Drug Price Competition and Patent Term Restoration Act of 1984 (Hatch-Waxman) based on the uncontroversial assumption that inexpensive generic competition would reduce prescription drug costs. On the other hand, the generic drug industry is primarily a regulatory creation; Hatch-Waxman facilitates generic competition by permitting generic manufacturers to rely heavily on prior expenditures of pioneer drug manufacturers, including those required to convince the Food and Drug Administration (FDA) that a drug is safe and efficacious. Propelled by federal law, generics have evolved from their minority market position as cheap alternatives to a “dominant” market position—today, they fill about 80% of prescriptions nationwide.


2015 ◽  
Vol 6 (10) ◽  
pp. 722-728
Author(s):  
James B. Musgrove ◽  
Peter E.J. Wells, C.S. ◽  
Joshua Chad ◽  
Devin Anderson

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