PhD position. The research project concerns: ESR 8 - Balancing the Quality of Patents with Effective Enforcement of Invalidity Claims in the Pharmaceutical Industry in Europe
Specificaties - (uitleg)
|Locatie||Maastricht, Faculty of Law, Bouillonstraat 1-3|
|Uren||38,0 uren per week|
|Salaris||€ 2191 - € 2672|
|About employer||Maastricht University (UM)|
EIPIN Innovation Society is a comprehensive project at the forefront of multidisciplinary research, examining the role of intellectual property (IP) as a complex adaptive system in innovation. The ambition is to enhance Europe’s capacity to foster innovation-based sustainable economic growth globally. The primary research objective of the programme is to provide political leaders and stakeholders reliable conclusions and recommendations in the form of doctoral IP research on how to deal with the adaptive complexities of innovation cycles that secure economic benefits and uphold justice in the innovation society.
Fifteen Early-Stage Researchers (ESRs) are trained to present their research findings on a number of topics of great societal interest, and to guide inventors and entrepreneurs through the lifecycle of IP-intensive assets that takes human creativity into the marketplace. The research and training programme provides for an unprecedented environment for ESRs that aims at educating a new generation of professionals and academic researchers who are properly equipped to face these challenges of fostering innovation-based growth. It consists of a research and a training part, which are closely connected and mutually inform each other.
The involvement of industry associations representing numerous undertakings provides great access to non-academic actors. The ESR positions are open to candidates from all domains of sciences, providing a solid foundation for cross-cutting research in the area of innovation policies, while overcoming a traditional separation of disciplines.
- A relevant Master’s degree or equivalent in law, the humanities or social sciences, or sciences relevant for the individual research topics, such as pharmacology, nanotechnology, agricultural;
- A demonstrable affinity with intellectual property law;
- The ability to speak, read and write in English;
- High scholarly abilities, as testified by your previous academic record, particularly by the quality of your masters-level thesis;
- Be highly motivated;
- Creativity and high level of independency;
- Experience in conducting research;
- Strong analytical capacity;
- Good organisational skills;
- Affinity with work in an interdisciplinary and highly international environment;
- Willingness and proven ability to work in a team;
- Willingness to relocate to (the vicinity of) Maastricht.
- In light of the mobility requirements set by the European Commission for this project, at the time of recruitment by the host organisation, you may NOT have resided or carried out your main activity (work, studies, etc.) in the Netherlands for more than 12 months in the 3 years immediately prior to taking up the position. Compulsory national service and/or short stays such as holidays are not taken into account.
Example: Dutch nationals can be eligible for recruitment at a University located in the Netherlands if they have resided or carried out their main activity outside of the Netherlands for more than 24 months in the 3 years immediately prior to their recruitment.
- Candidates must fulfil the definition of an Early-Stage Researcher set by the European Commission: ESRs shall, at the time of recruitment by the host organization, be in the first four years (full-time equivalent research experience) of their research career and not yet have been awarded a doctoral degree. Full-time equivalent research experience is measured from the date when a researcher obtained the degree which would formally entitle him or her to embark on a doctorate, either in the country in which the degree was obtained or in the country in which the researcher is recruited. Part-time research experience will be counted pro-rata.
- It is the policy of the EIPIN Innovation Society project to promote equal opportunities between men and women and stimulate gender balance.
- Members of ethnic minority groups and disabled people are explicitly invited to apply.
The full-time gross monthly salary amounts to € 2.191,00 in the first year according to salary scale PhD (‘promovendus’), increasing to € 2.672,00 in the third year; on top of this there will be an 8% holiday and an 8,3% year-end allowance. Non-Dutch applicants could be eligible for a favourable tax treatment (30% rule).
The salary and terms of employment for this position will correspond to the provisions set out in the Collective Labour Agreement of Dutch Universities (CAO-NU) and to the provisions of the Marie Skłodowska-Curie Actions. For more information see the website: www.maastrichtuniversity.nl > Support > UM employees.
We offer a dynamic and challenging job in an internationally-oriented organisation where young people receive an advanced education and scholars conduct exciting research.
You will participate in the research training sessions in the framework of the EIPIN Innovation Society ITN/EJD Marie Skłodowska-Curie project.
You will be provided with shared office space and a PC.
Dienstverband: Temporary, 3 years
Maastricht University is renowned for its unique, innovative, problem-based learning system, which is characterized by a small-scale and student-oriented approach. Research at UM is characterized by a multidisciplinary and thematic approach, and is concentrated in research institutes and schools. Maastricht University has around 16,000 students and 4,000 employees. Reflecting the university's strong international profile, a fair amount of both students and staff are from abroad. The university hosts 6 faculties: Faculty of Health, Medicine and Life Sciences, Faculty of Law, School of Business and Economics, Faculty of Humanities and Sciences, Faculty of Arts and Social Sciences, Faculty of Psychology and Neuroscience.
EIPIN Innovation Society
The EIPIN Innovation programme, coordinated by Maastricht University, is a Marie SkƗodowska-Curie Innovative Training Network project, funded by the European Union. This project sets up a European Joint Doctorate programme which will lead to the conferral of joint and double doctoral degrees from two of the five participating universities. These Universities are:
- Queen Mary Intellectual Property Research Institute, University of London (QMUL);
- Magister Lvcentinvs, University of Alicante (UA);
- Intellectual Property Law and Knowledge Management (IPKM), Maastricht University;
- Centre for International Intellectual Property Studies (CEIPI), University of Strasbourg;
- Munich Intellectual Property Law Center (MIPLC), University of Augsburg.
In total, 15 PhD projects are part of the programme, each investigating different, as yet under-explored aspects of the adaptive complexities of innovation cycles. For more information, see http://www.eipin-innovationsociety.org/
In the framework of the Marie SkƗodowska-Curie ITN/EJD project EIPIN Innovation Society, the Faculty of Law of Maastricht University is recruiting a PhD researcher for a period of three years.
The research project concerns: ESR 8 - Balancing the Quality of Patents with Effective Enforcement of Invalidity Claims in the Pharmaceutical Industry in Europe
Supervisor 1: Prof. Pugatch (Maastricht University)
Supervisor 2: Prof. Drexl (University of Augsburg/MIPLC)
Co-supervisor: Dr. Surblyte (University of Augsburg/MIPLC)
Patents are granted for “new” technology against the backdrop of the existing state of the art. They are thereby designed to signal innovation. Yet, especially in the pharmaceutical industry, the ratio of invalid patents has turned out to be particularly high. The reasons for this are manifold. One problem arises from an imbalance of information, characterized by the fact that the examiner at the patent office may be less-well placed than the applicant to know about the state of the art. Another problem relates to the very high number of patent applications also in the pharmaceutical industry. Therefore, claims in favour of raising patent quality are not necessarily economically sound since only a very few of these patents will result in viable and economically valuable drugs. This draws the attention to the judicial proceedings that are available for the nullification of patents. In sum, an innovation system that grants patents relatively easily should have very effective procedures for the nullification of patents. In Europe, the EPO provides a centralized system for the patent grant, but the national systems for invalidating patents remain very diverse. The thesis should explore what a more integrated European system should look like. Thereby, it should also evaluate the rules of the Agreement on a – future – Unified Patent Court as well as the regulation of the marketing of pharmaceuticals, which has an obvious impact on the incentives of firms to challenge the validity of patents. The topic is highly relevant for the functioning of the European innovation society. Wrongfully granted patents may prevent competitors from investing in the same field of technology, and invalid patents allocate income to right-holders without sufficient ground of innovation.
Patents should signal innovation. However, pharmaceutical patents fail to fulfil this function if they are invalid. The thesis is expected to come up with proposals for reforming the yet national systems and the upcoming system of the Unitary Patent Court for the enforcement of invalidity claims in order to optimize the European innovation system, at the same time allowing broader and quicker market access of generics.
International mobility plan
Primary - Institution
Fellow months in Primary institution
Fellow months in Secondary institution
Fellow months in Secondment institution
For questions related to the research topic, please contact Prof. Pugatch, firstname.lastname@example.org.
For all other questions, please use the following email address, clearly indicating the vacancy number and EIPIN Innovation Society ESR 8: email@example.com.
Deadline for submission applications
29 March 2017, 23:59 CET
Candidates pre-selected for interviews will be informed
14 April 2017
Selection interviews (candidates may be asked to give a short presentation on the influence of intellectual property on innovation)
15 – 17 May 2017, in Alicante, Spain
Successful candidates will be informed
Last week of May 2017
Acceptance by successful candidates
12 June 2017
Start of employment
1 September 2017
Relevant academic background (including the quality of the substantial piece of writing)
Relevant publications/work experience
Draft project proposal, including timeline
Mobility (during Bachelor and/or Master)
Evaluation by referees