Arantxa Gandía has been awarded the dissertation prize of the University of Valencia

17 July 2018

On July 10th 2018, the Council of the Universitat de València awarded its annual dissertation prize to Arantxa Gandía Sellens, Senior Research Fellow at the Max Planck Institute Luxembourg for Procedural Law. Arantxa Gandía’s thesis was selected from among more than 50 theses in the field of law.

The selection process was carried out by a Committee formed by Professors from different areas of law. The quality of the awarded dissertations was measured according to the impact of the results linked to the thesis. In particular, the jury checked the publications resulting from the thesis and the amount of citations of those publications by other researchers.

In her thesis, entitled “The International Jurisdiction Of Spanish Courts In Cases Of Alleged Patent Infringement”, Arantxa Gandía advocates for the softening of the exclusive jurisdiction rule for the validity of patent rights. According to the author, the rule of exclusive jurisdiction has lost its justification and leads to problems in judicial and arbitral proceedings, especially in patent infringement disputes before a court not having exclusive jurisdiction. In those disputes the patent invalidity is very often raised as a defence, leading to a stay of proceedings until the court with exclusive jurisdiction has decided on the validity issue. Arantxa Gandía proposes to allow, in such a case, that the competent court for the infringement action may also determine the patent validity, at least with inter partes effect.

Arantxa Gandía Sellens’ thesis was published in April 2017 by Tirant Lo Blanch.