Pawan Dutt | Tallinn University of Technology (original) (raw)

Papers by Pawan Dutt

Contributions to political science, 2024

TalTech journal of European studies/TalTech journal of European studies., Jun 1, 2024

Sciendo eBooks, Dec 20, 2023

Protecting Human Rights in the EU, 2013

The Charter of Fundamental Rights is a rights catalogue for a modern market economy. It recognise... more The Charter of Fundamental Rights is a rights catalogue for a modern market economy. It recognises the freedom to conduct business, Article 16, as well as the right to property, Article 17. The second paragraph of Article 17 states that intellectual property shall be protected. The history of the European Union (EU) shows that competition law promoting especially competition across the EU is of primary concern. In this context, there are interesting relations between property rights and the right to conduct business, especially with regard to intellectual property. This article analyses the Technology Transfer Block Exemption Regulation and its accompanying guidelines, assessing to what extent it encourages innovation and maintains effective competition and how it stands up against other like-minded pieces of legislation drafted across the world. The comparison will first show the similarities and then the differences between the approach herein that has been developed and followed in the EU, US, and Japan, among other countries. It will be analysed to what extent this approach towards IPR and Competition law is coherent and how things may possibly stand in the future in this regard. Finally, the authors will attempt to answer these questions: how meaningful and essential is this interface between IPR and competition law, and has the TTBER in particular served its purpose? Are the freedom to conduct business and the protection of the right to property well protected?

International and Comparative Law Review, Jun 1, 2013

Competition law and Intellectual Property law are remarkably divergent in scope and thus make for... more Competition law and Intellectual Property law are remarkably divergent in scope and thus make for uneasy bedfellows. Although they both purport to help the consumer, their eff ects on the common market can be strikingly diff erent. Recent decisions in the European Union and the United States of America have brought into focus the role of reverse payment patent settlement agreements. Th ese agreements are generally of a commercial nature, and are agreements to settle actual or potential disputes which are related to patents. Th e questions which are sought by the parties to mutually settle range from infringement of a patent or the validity of a patent. When such a settlement agreement between a patent holder (in this instance the originator company) and a patent challenger (being a generic company) involves a value transfer from the originator to the generic company, coupled with a provision to limit or restrict the generic company's ability to market its own product on the market, then certain interesting areas of confl ict tend to come forward. Th e question arises whether this is simply a case of a company paying off its competitors to stay out of its market and delay the entry of cheaper, generic medicines, and is thus purely

TalTech Journal of European Studies

The research problem of this article focuses on how the public support system in Estonia can help... more The research problem of this article focuses on how the public support system in Estonia can help small and medium-sized enterprises (SMEs) to acquire and commercialise their intellectual property rights (IPR) in a sustainable and legally permissible manner. The study aims to analyse and determine which specific public support measures are needed by SMEs for acquiring and commercialising IPR and how to design such public support within the legal boundaries set under European Union (EU) laws. The theoretical framework used in this study is built around the social system as defined by Parsons. The 4S Model (based on scope, scale, skill and social networking) derived by researchers from the said social system is considered. Further, 19 key attributes were devised by the authors in conjunction with the role of motivation to form a revised framework. The analysis employs qualitative research methods. To apply the framework of social systems theory, the authors used semi-structured interv...

Croatian International Relations Review

The Chinese Belt and Road Initiative will open new trade routes between China and the European Un... more The Chinese Belt and Road Initiative will open new trade routes between China and the European Union (EU) and increase competition pressures on smaller EU member states. This article ranks where states like Estonia stand internationally in terms of innovativeness (and consequent competitiveness) by conducting an econometric study of patent development, education policy and research and development (R&D) expenditure policy. The authors claim that small member states such as Estonia should follow the example of countries such as Germany and adopt policies which focus more on increased public spending on R&D and innovation in public universities of science and technology, and raise support for high tech startups with a strong focus on international patenting. Member States must go further and subsidise R&D activities by focusing, inter alia, on filing of foreign patents such as triadic patents.

Croatian International Relations Review

The Chinese Belt and Road Initiative will open new trade routes between China and the European Un... more The Chinese Belt and Road Initiative will open new trade routes between China and the European Union (EU) and increase competition pressures on smaller EU member states. This article ranks where states like Estonia stand internationally in terms of innovativeness (and consequent competitiveness) by conducting an econometric study of patent development, education policy and research and development (R&D) expenditure policy. The authors claim that small member states such as Estonia should follow the example of countries such as Germany and adopt policies which focus more on increased public spending on R&D and innovation in public universities of science and technology, and raise support for high tech startups with a strong focus on international patenting. Member States must go further and subsidise R&D activities by focusing, inter alia, on filing of foreign patents such as triadic patents.

Croatian International Relations Review

The Chinese Belt and Road Initiative will open new trade routes between China and the European Un... more The Chinese Belt and Road Initiative will open new trade routes between China and the European Union (EU) and increase competition pressures on smaller EU member states. This article ranks where states like Estonia stand internationally in terms of innovativeness (and consequent competitiveness) by conducting an econometric study of patent development, education policy and research and development (R&D) expenditure policy. The authors claim that small member states such as Estonia should follow the example of countries such as Germany and adopt policies which focus more on increased public spending on R&D and innovation in public universities of science and technology, and raise support for high tech startups with a strong focus on international patenting. Member States must go further and subsidise R&D activities by focusing, inter alia, on filing of foreign patents such as triadic patents.

This article is an econometric study of patent development, education policy and research and dev... more This article is an econometric study of patent development, education policy and research and development (R&D) expenditure policy, the aim of which is to investigate the key similarities and differences when it comes to the issue of competitiveness between Estonia and Finland, particularly in the utilisation of foreign patents, as well as ranking them on the international arena. The authors of the article intend to study how it is possible to increase the technological competitiveness of small European Union Member States and the special effect of investments in research and development (R&D) and education on the competitiveness ranking of Estonia and Finland. The authors attempt to explore how Estonia can advance by learning from the model of innovative growth adopted by Finland.

Regulating eTechnologies in the European Union, 2014

The article is focusing on emerging legal e-environment that comprises of legal acts regulating a... more The article is focusing on emerging legal e-environment that comprises of legal acts regulating a field that can be administered by electronic means (eTechnology). The reasons behind various and sometimes overlapping and complex EU initiatives and agendas are analysed with the attempt to have an academic insight into the e-regulation and to establish a firm and more systematic approach for future studies in the field. The author maps the current situation, refers to the challenges related to e-regulation and discusses the need for characterising the e-legislation as a set of new type of rules. The stakeholders and e-identity, e-citizenship e.g. digital citizenship are discussed from the angle of e-regulation as a new qualitative level of EU law. It seems that today, some of the areas of e-regulation are well developed, and some of the areas still remain wishful thinking or are developing slowly in terms to be regulated electronically. The digitalization and e-regulation in terms of harmonization depend on the capacity of EU Member States in terms of electronic divide. Another challenge is the distinguishable nature of e-regulation normative status that should be taken in account when designing the new constitutional law and future for EU. As a conclusion and taking account of the interoperable nature of e-regulation, the author presents a list of policy stages that should be used when drafting and assessing EU level e-regulation.

The Future of Law and eTechnologies, 2016

Regulating eTechnologies in the European Union, 2014

Protecting Human Rights in the EU, 2013

Contributions to political science, 2024

TalTech journal of European studies/TalTech journal of European studies., Jun 1, 2024

Sciendo eBooks, Dec 20, 2023

Protecting Human Rights in the EU, 2013

The Charter of Fundamental Rights is a rights catalogue for a modern market economy. It recognise... more The Charter of Fundamental Rights is a rights catalogue for a modern market economy. It recognises the freedom to conduct business, Article 16, as well as the right to property, Article 17. The second paragraph of Article 17 states that intellectual property shall be protected. The history of the European Union (EU) shows that competition law promoting especially competition across the EU is of primary concern. In this context, there are interesting relations between property rights and the right to conduct business, especially with regard to intellectual property. This article analyses the Technology Transfer Block Exemption Regulation and its accompanying guidelines, assessing to what extent it encourages innovation and maintains effective competition and how it stands up against other like-minded pieces of legislation drafted across the world. The comparison will first show the similarities and then the differences between the approach herein that has been developed and followed in the EU, US, and Japan, among other countries. It will be analysed to what extent this approach towards IPR and Competition law is coherent and how things may possibly stand in the future in this regard. Finally, the authors will attempt to answer these questions: how meaningful and essential is this interface between IPR and competition law, and has the TTBER in particular served its purpose? Are the freedom to conduct business and the protection of the right to property well protected?

International and Comparative Law Review, Jun 1, 2013

Competition law and Intellectual Property law are remarkably divergent in scope and thus make for... more Competition law and Intellectual Property law are remarkably divergent in scope and thus make for uneasy bedfellows. Although they both purport to help the consumer, their eff ects on the common market can be strikingly diff erent. Recent decisions in the European Union and the United States of America have brought into focus the role of reverse payment patent settlement agreements. Th ese agreements are generally of a commercial nature, and are agreements to settle actual or potential disputes which are related to patents. Th e questions which are sought by the parties to mutually settle range from infringement of a patent or the validity of a patent. When such a settlement agreement between a patent holder (in this instance the originator company) and a patent challenger (being a generic company) involves a value transfer from the originator to the generic company, coupled with a provision to limit or restrict the generic company's ability to market its own product on the market, then certain interesting areas of confl ict tend to come forward. Th e question arises whether this is simply a case of a company paying off its competitors to stay out of its market and delay the entry of cheaper, generic medicines, and is thus purely

TalTech Journal of European Studies

The research problem of this article focuses on how the public support system in Estonia can help... more The research problem of this article focuses on how the public support system in Estonia can help small and medium-sized enterprises (SMEs) to acquire and commercialise their intellectual property rights (IPR) in a sustainable and legally permissible manner. The study aims to analyse and determine which specific public support measures are needed by SMEs for acquiring and commercialising IPR and how to design such public support within the legal boundaries set under European Union (EU) laws. The theoretical framework used in this study is built around the social system as defined by Parsons. The 4S Model (based on scope, scale, skill and social networking) derived by researchers from the said social system is considered. Further, 19 key attributes were devised by the authors in conjunction with the role of motivation to form a revised framework. The analysis employs qualitative research methods. To apply the framework of social systems theory, the authors used semi-structured interv...

Croatian International Relations Review

The Chinese Belt and Road Initiative will open new trade routes between China and the European Un... more The Chinese Belt and Road Initiative will open new trade routes between China and the European Union (EU) and increase competition pressures on smaller EU member states. This article ranks where states like Estonia stand internationally in terms of innovativeness (and consequent competitiveness) by conducting an econometric study of patent development, education policy and research and development (R&D) expenditure policy. The authors claim that small member states such as Estonia should follow the example of countries such as Germany and adopt policies which focus more on increased public spending on R&D and innovation in public universities of science and technology, and raise support for high tech startups with a strong focus on international patenting. Member States must go further and subsidise R&D activities by focusing, inter alia, on filing of foreign patents such as triadic patents.

Croatian International Relations Review

The Chinese Belt and Road Initiative will open new trade routes between China and the European Un... more The Chinese Belt and Road Initiative will open new trade routes between China and the European Union (EU) and increase competition pressures on smaller EU member states. This article ranks where states like Estonia stand internationally in terms of innovativeness (and consequent competitiveness) by conducting an econometric study of patent development, education policy and research and development (R&D) expenditure policy. The authors claim that small member states such as Estonia should follow the example of countries such as Germany and adopt policies which focus more on increased public spending on R&D and innovation in public universities of science and technology, and raise support for high tech startups with a strong focus on international patenting. Member States must go further and subsidise R&D activities by focusing, inter alia, on filing of foreign patents such as triadic patents.

Croatian International Relations Review

The Chinese Belt and Road Initiative will open new trade routes between China and the European Un... more The Chinese Belt and Road Initiative will open new trade routes between China and the European Union (EU) and increase competition pressures on smaller EU member states. This article ranks where states like Estonia stand internationally in terms of innovativeness (and consequent competitiveness) by conducting an econometric study of patent development, education policy and research and development (R&D) expenditure policy. The authors claim that small member states such as Estonia should follow the example of countries such as Germany and adopt policies which focus more on increased public spending on R&D and innovation in public universities of science and technology, and raise support for high tech startups with a strong focus on international patenting. Member States must go further and subsidise R&D activities by focusing, inter alia, on filing of foreign patents such as triadic patents.

This article is an econometric study of patent development, education policy and research and dev... more This article is an econometric study of patent development, education policy and research and development (R&D) expenditure policy, the aim of which is to investigate the key similarities and differences when it comes to the issue of competitiveness between Estonia and Finland, particularly in the utilisation of foreign patents, as well as ranking them on the international arena. The authors of the article intend to study how it is possible to increase the technological competitiveness of small European Union Member States and the special effect of investments in research and development (R&D) and education on the competitiveness ranking of Estonia and Finland. The authors attempt to explore how Estonia can advance by learning from the model of innovative growth adopted by Finland.

Regulating eTechnologies in the European Union, 2014

The article is focusing on emerging legal e-environment that comprises of legal acts regulating a... more The article is focusing on emerging legal e-environment that comprises of legal acts regulating a field that can be administered by electronic means (eTechnology). The reasons behind various and sometimes overlapping and complex EU initiatives and agendas are analysed with the attempt to have an academic insight into the e-regulation and to establish a firm and more systematic approach for future studies in the field. The author maps the current situation, refers to the challenges related to e-regulation and discusses the need for characterising the e-legislation as a set of new type of rules. The stakeholders and e-identity, e-citizenship e.g. digital citizenship are discussed from the angle of e-regulation as a new qualitative level of EU law. It seems that today, some of the areas of e-regulation are well developed, and some of the areas still remain wishful thinking or are developing slowly in terms to be regulated electronically. The digitalization and e-regulation in terms of harmonization depend on the capacity of EU Member States in terms of electronic divide. Another challenge is the distinguishable nature of e-regulation normative status that should be taken in account when designing the new constitutional law and future for EU. As a conclusion and taking account of the interoperable nature of e-regulation, the author presents a list of policy stages that should be used when drafting and assessing EU level e-regulation.

The Future of Law and eTechnologies, 2016

Regulating eTechnologies in the European Union, 2014

Protecting Human Rights in the EU, 2013