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Economic And Legal Aspects Of The Patent Litigation In The European Union
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Book Synopsis Economic and Legal Aspects of the Patent Litigation in the European Union by : Ants Kukrus
Download or read book Economic and Legal Aspects of the Patent Litigation in the European Union written by Ants Kukrus and published by . This book was released on 2015 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article introduces an ongoing process of creation of the Unified Patent Litigation System (UPLS) in Europe and describes shortly the structure of the proposed European and European Union Patents Court (EEUPC). Current patent litigation systems in various European countries and deficiencies in the current systems are also described. The EEUPC will deal with the infringement and validity cases of European patents and EU patents. This article contains a detailed list of court actions over which EEUPC has exclusive jurisdiction, benefits of the new system as well as stakeholders' concerns.
Book Synopsis Economic Aspects of Patent Litigation in Europe by : Johann Pitz
Download or read book Economic Aspects of Patent Litigation in Europe written by Johann Pitz and published by . This book was released on 1999 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Intellectual Property in an Integrated World Economy by : Frederick M. Abbott
Download or read book International Intellectual Property in an Integrated World Economy written by Frederick M. Abbott and published by Aspen Publishing. This book was released on 2024-02-03 with total page 1290 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Intellectual Property in an Integrated World Economy, Fifth Edition provides a comprehensive analysis of the international intellectual property system across the spectrum of intellectual property (IP) rights and interests. It introduces the institutional architecture at the multilateral, regional/plurilateral, bilateral, and national levels. For each form of IP, it addresses the legal rules and illustrative jurisprudence with a focus on major jurisdictions, as well as economic and social welfare implications. It also considers the continuously growing importance of IP in a constantly changing technological environment, currently reflected in the rise of artificial intelligence (AI) and its deployment in creative and inventive activities. Each of the authors has played a role in the development and implementation of the international rules, and they bring their experience to bear in introducing students to the field. New to the Fifth Edition: New co-authors: Ryan B. Abbott, Mira Burri, Henning Grosse Ruse-Khan, and Maegan McCann, who bring additional expertise to the book The latest developments in bilateral and regional agreements regulating intellectual property, including implementation of the EU Unitary Patent and Unified Patent Court system and the EU intermediaries’ liability regime for copyright infringement Important new judicial decisions, including the U.S. Supreme Court decisions in Google v. Oracle and Andy Warhol Foundation v. Goldsmith, as well as decisions from EU and U.S. courts addressing identifiers for food products (Emmental and Gruyere cheeses) Developments in AI in the context of content-creation, inventions, IP-registration and enforcement, as well as support or substitute for human decision-making The expanding discourse on trade secret protection and its importance for international technology transfer The phenomenon of the anti-suit injunction in international patent litigation Benefits for instructors and students: An approach to the international IP system that situates the rules within the broader context of international law and the public policy objectives that governments, industry, and interest groups are seeking to achieve Case law from international dispute settlement bodies, as well as from national and regional courts and administrative authorities Discussion of patent, trademark, copyright, design, trade secret, and geographical indication protection, as well as plant variety protection, the protection of genetic resources and traditional knowledge, and the role of open source and open innovation systems An explanation of the European Union Unitary Patent system Exploration of the increasingly important role of emerging market IP systems Materials to help students understand the disputes between the United States and China involving IP, investment, and transfer of technology Identification of important trends in the enforcement of IP
Book Synopsis European Patent Litigation in the Shadow of the Unified Patent Court by : Luke McDonagh
Download or read book European Patent Litigation in the Shadow of the Unified Patent Court written by Luke McDonagh and published by Edward Elgar Publishing. This book was released on 2016-07-27 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the introduction of the Unified Patent Court (UPC) and the new European Patent with Unitary Effect, the European patent litigation system is undergoing a set of fundamental reforms. This timely book assesses the current state of European patent litigation by analysing recently published data on Europe's four major patent jurisdictions - the UK, Germany, France and the Netherlands - and also looks ahead to examine what the impact of the UPC is likely to be on Europe's patent litigation system in the near future.
Book Synopsis The economic analysis of patent litigation data by : World Intellectual Property Organization
Download or read book The economic analysis of patent litigation data written by World Intellectual Property Organization and published by WIPO. This book was released on 2018 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enforceability of patent rights is the backbone of the patent system. We review differences in the way patent litigation systems are designed across jurisdictions. We also discuss challenges in collecting and accessing patent litigation data as well as their economic analysis. We provide some descriptive analysis of patent litigation in the U.S. and UK for the period 2010-2016 and 2007-2013, respectively. We also analyze administrative post-grant validity challenges in form of the inter partes review in the U.S. and oppositions at the EPO.
Book Synopsis International Intellectual Property in an Integrated World Economy by : Frederick M. Abbott
Download or read book International Intellectual Property in an Integrated World Economy written by Frederick M. Abbott and published by Aspen Publishing. This book was released on 2024 with total page 980 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Law school casebook on intellectual property in a global context"--
Book Synopsis Comparative Patent Remedies by : Prof. Thomas F. Cotter
Download or read book Comparative Patent Remedies written by Prof. Thomas F. Cotter and published by Oxford University Press. This book was released on 2013-03-06 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nations throughout the world receive more patent applications, grant more patents, and entertain more patent infringement lawsuits than ever before. To understand the contemporary patent system, it is crucial to become familiar with how courts and other actors in different countries enable patent owners to enforce their rights. This is increasingly important, not only for firms that seek to market their products worldwide and for the lawyers who provide them with counsel, but also for scholars and policymakers working to develop better policies for promoting the innovation that drives long-term economic growth. Comparative Patent Remedies provides a critical and comparative analysis of patent enforcement in the United States and other major patent systems, including the European Union, Japan, Canada, Australia, China, South Korea, Taiwan, and India. Thomas Cotter shows how different countries respond to similar issues, and suggests how economic analysis can assist in adapting current practice to the needs of the modern world. Among the topics addressed are: how courts in various nations award monetary compensation for patent infringement, including lost profits, infringer's profits, and reasonable royalties; the conditions under which patent owners may obtain preliminary and permanent injunctions, including cross-border injunctions in the European Union; the availability of various options for potential defendants to challenge patent validity; and other matters, such as the availability of criminal enforcement and border measures to exclude infringing goods.
Book Synopsis Economy in Danger? The Failures of German Injunction Jurisprudence in Patent Litigation with Special Regard to Standard Essential Patents and Their Solution by : Maximilian R. Herrle
Download or read book Economy in Danger? The Failures of German Injunction Jurisprudence in Patent Litigation with Special Regard to Standard Essential Patents and Their Solution written by Maximilian R. Herrle and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Differently from the majority of countries in the European Union and around the world, Germany's patent laws and corresponding jurisdiction are known for being styled in a very pro-patentee manner. This can have significantly disadvantageous impact on defendants during patent infringement proceedings. Especially on the practically important preliminary stage an injunction can cause harsh economic effects - not only on the defendant but also on third parties and ultimately the public as a whole. And these effects are even aggravated in cases where standard-essential technologies are at issue as they are inevitably necessary for the defendant to compete in the market and design-arounds will often be impossible. Furthermore the monopolistic patent right often seems to be treated in a too strict, property-like manner and its economic value seems not to be used to the fully possible extent. The article is first concerned with analyzing the (legal) reasons for such economically ineffective treatment and exploitation of the patent right and the unbalanced treatment of the rights and parties involved. It then looks at the so-called “ebay-factors” governing injunctive relief in U.S. patent law. There, especially the fourth factor, which guarantees that the grant of an injunction serves the public interest, is found to be a helpful vehicle to include economic aspects regarding the patent user as well as public welfare as a whole. Then a patent-unrelated concept from EU competition law, namely the “more-economic-approach,” offering an efficiency excuse to defendants in competition law disputes is examined carefully. It is found that the idea of using a persuasively presented argument of efficiency as a defense for objectionable conduct is (including certain qualifications) well transferable to the institutions of injunctive relief in patent law and can thus facilitate a more efficient exploitation of the patent. Based on these two approaches a civil law styled, open-ended “economic consideration clause” is then proposed as an amendment to German patent law. The proposal offers three major benefits: it enables the patent right to be exploited in a more efficient way where otherwise an injunction would bar exploitation, it contributes to eliminate the unbalanced situation between rights holder and user and, lastly, it provides an update to the outdated law with regard to increasingly emerging standard-essential technologies that need to be easier practicable by competitors. In cases where an injunction is denied (due to inter alia public policy or efficiency concerns) an added provision finally requiring courts by law to determine a fair licensing fee will ensure that the incentivizing function of patent law is still guaranteed. For the purpose of this article questions concerning what constitutes a fair licensing fee, are left to the ongoing FRAND/RAND discussion. However, the proposal tries to move courts to develop certain fixed criteria in order to reach quicker licensing agreements and overcome the unfavored “Orange-Book” competition law compulsory licensing process.
Book Synopsis The Economics of the European Patent System by : Dominique Guellec
Download or read book The Economics of the European Patent System written by Dominique Guellec and published by OUP Oxford. This book was released on 2007-02-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why does society allow, or even encourage, private appropriation of inventions? When do patents encourage competition, when do they hamper it? How should society design the compromise between the interest of the inventor and the interest of the users of patented inventions? How should the patent system adapt to new technological areas? These questions and many more are addressed by the authors in this groundbreaking analysis of the economics behind the European patent system. Beginning with the history and principles of the patent system, the book then examines the economic effects of patenting on innovation and the diffusion of technology and growth. Throughout the book the theory and the reality are discussed alongside real world examples and comparison between the European, USA, and Japanese patent systems.
Book Synopsis "Down with the Patent Lobby" Or how the European Patent Office Has Mutated to Controlling Engine of the European Economy by : Jürgen Augstein
Download or read book "Down with the Patent Lobby" Or how the European Patent Office Has Mutated to Controlling Engine of the European Economy written by Jürgen Augstein and published by GRIN Verlag. This book was released on 2008 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: Diploma Thesis from the year 2008 in the subject Law - European and International Law, Intellectual Properties, grade: 1, University of Linz (Institute of European Law ), language: English, abstract: The patent law is based on intellectual property rights. The groundwork for this was laid in 1883 by the Paris Convention for the Protection of Industrial Property1. The international treaty allows for regional treaties, such as the Patent Cooperation Treaty (PCT) and the Agreement of the Trade-Relative Aspects of Intellectual Property Rights (TRIPs) of the WTO the European Patent Convention (EPC). These are all treaties devolving from the Paris Convention. The EPC covers Europe (in the broadest sense) (cf. Art. 45 PCT). The European Community (EC) is an entity, by international law (cf. Art. 281 EC) and may represent its constituent states in the concerns of the WIPO and WTO. The community has to respect International treaties such as the Paris Convention and many procedures and measures of the EC respond to those treaties. In this thesis only the EPC will be discussed. The EPC created a uniform body of substantive patent law for patents in Europe. It established a single European procedure for the grant of patents. A European patent is worth its fee, because the owner of the patent can use it to economic advantage. The EPC also laid the groundwork for the introduction of a Community Patent by the EC Council. The initial concept of a Community Patent was first discussed in 1960. The last attempt to finalize the Community Patent was made in 2007.
Book Synopsis Liability Rules in Patent Law by : Daniel Krauspenhaar
Download or read book Liability Rules in Patent Law written by Daniel Krauspenhaar and published by Springer. This book was released on 2014-10-06 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: The primary purpose of a patent law system should be to enhance economic efficiency, in particular by providing incentives for making inventions. The conventional wisdom is that patents should therefore be strictly exclusive rights. Moreover, in practice patent owners are almost never forced to give up their right to exclude others and receive only a certain amount of remuneration with, for instance, compulsory licensing. Other economically interesting patent-law objectives, however, include the transfer and dissemination of knowledge. Mechanisms exist by which the patent owner decides if he or she would prefer exclusive or non-exclusive rights, for instance the opportunity to declare the willingness to license and create patent pools. But it is questionable whether these mechanisms are sufficient and efficient enough in view of the existence of patent trolls and other problems. This work challenges the conventional wisdom to a certain extent and makes proposals for improvements.
Book Synopsis Intellectual Property Management by : Claas Junghans
Download or read book Intellectual Property Management written by Claas Junghans and published by John Wiley & Sons. This book was released on 2015-11-17 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This concise introduction to European patent law and global patent perspectives combines the legal and economic perspectives to adopt a unique approach that serves both inventors -- engineers and scientists -- as well as financiers and economists. Written by experts with first-hand knowledge this book is completely up-to-date, taking into account recent additions to European patent law, especially in the field of biotechnology and genetics. While concentrating on the EU, the world perspective is nevertheless represented, including US particularities. The result is a set of guidelines allowing readers to develop a holistic patent strategy suitable for their specific needs. For scientists, engineers, managers and financiers in the chemical industry.
Book Synopsis The Breeder's Exception to Patent Rights by : Viola Prifti
Download or read book The Breeder's Exception to Patent Rights written by Viola Prifti and published by Springer. This book was released on 2015-06-02 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to analyze the compliance of different types of a breeder's exception to patent rights with article 30 of the Agreement on Trade-Related Aspects of Intellectual Property Rights. This type of exception allows using protected biological matter for breeding new varieties of plants. The breeder’s exception is widely accepted under plant variety legislation, but it is not common under patent laws despite the fact that patent rights often cover plant varieties. Only few European countries have adopted such an exception. After the entry into force of the Agreement on a Unified Patent Court, the exception will be mandatory for all European Union Member states. Based on a legal and economic approach, this book offers guidance to those countries that need to incorporate a breeder's exception into their national patent systems and suggests the importance of the exception for promoting plant breeding activities.
Book Synopsis Law and Economics of Patents by : Nikola Ilić
Download or read book Law and Economics of Patents written by Nikola Ilić and published by Springer Nature. This book was released on with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis EU Intellectual Property Law and Policy by : Catherine Seville
Download or read book EU Intellectual Property Law and Policy written by Catherine Seville and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author has succeeded in her chief aim in writing this book to introduce a compact and accessible account of EU intellectual property law. . . this book is a useful background and excellent starting point for understanding EU intellectual property law. Jamil Ammar, European Intellectual Property Review This book s innovative contribution is to view EU IP law as a subject in its own right, not just an extra to accounts of national law. The very up-to-date coverage strikes an excellent balance between detail and overview, while Dr Seville also discusses thoughtfully the wider international frameworks, policy issues and debates in which development of EU IP law is enmeshed. Dr Seville fully deserves the gratitude of IP lawyers and students for this outstandingly helpful study. Hector Macqueen, Edinburgh Law School, UK The book is as timely as it is well-written and thorough. The contributions of the EU to most aspects of intellectual property law are increasingly dominant. This treatment places them apart from the national laws of member states, thus emphasising the common core that now they provide. Many will want to study this presentation. William R. Cornish, University of Cambridge, UK Intellectual property (IP) is a crucial contributor to economic growth and competitiveness within the EU. This book offers a compact and accessible account of EU intellectual property law and policy, covering copyright, patents, designs, trademarks and the enforcement of rights. The author also addresses aspects of the free movement of goods and services, competition law, customs measures and anti-counterfeiting efforts. Setting EU intellectual property law in its wider international context, this work reveals the framework within which the national IP laws of member states operate. The book seeks to highlight the most important policy issues and arguments of relevance to the EU, both within the Union, and in its relations with the rest of the world. With its detailed references, cross-referencing and suggestions for further readings, EU Intellectual Property Law and Policy is essential reading for postgraduate students and academic lawyers in IP and EU law. Practitioners seeking a broad account of the area will also appreciate this important contribution.
Book Synopsis Innovation Law and Policy in the European Union by : Massimiliano Granieri
Download or read book Innovation Law and Policy in the European Union written by Massimiliano Granieri and published by Springer Science & Business Media. This book was released on 2012-07-13 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides a critical overview of innovation policy in Europe and a synopsis of the current institutional framework of Europe shaped after the Europe2020 strategy and in view of the upcoming Horizon2020 agenda. What emerges is a rather gloomy outlook for the future of Europe's innovation, unless EU institutions and Member States will decide to streamline existing policies and build a "layered" model of innovation, in which governments act as investors in key enabling infrastructure such as ICT and education; as enablers of large technology markets where researchers and entrepreneurs can meet; and as purchasers of innovation when key societal challenges are at stake. The book contains proposals for the future innovation strategy of the EU and a specific analysis of areas such as the unitary patent, the transfer of technology (particularly as far as climate-related technologies and IP markets are concerned), standardization, and the digital agenda.
Book Synopsis European Intellectual Property Law by : Annette Kur
Download or read book European Intellectual Property Law written by Annette Kur and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This clearly-written and comprehensive text, by two leading scholars of European intellectual property law, is extremely adaptable. It is a perfect platform for classroom teaching, and is also a fine resource for those researching in what is becoming an increasingly complex field.' – Graeme B. Dinwoodie, University of Oxford, UK 'This hybrid volume, part commentary, part primary sources, with questions to stimulate further thinking, serves both as a teaching tool and as a manual for lawyers who seek a comprehensive overview of EU intellectual property law. The book aims at a generalist legal audience, with very a helpful précis of international law, including the major multilateral treaties, as well as a summary of the EU legal framework that non-Europeans will find highly useful. The authors explore the full range of traditional and emerging IP rights. They also provide in-depth analysis of remedies and of the international private law issues that increasingly arise in contemporary complex IP litigation.' – Jane Ginsburg, Columbia Law School, US The first of its kind, this textbook has been carefully designed to give students and non-specialist practitioners a clear understanding of the fundamentals of European intellectual property law. Providing a comprehensive overview of both community IP rights, and areas of IP law that have been harmonised, and supported by judicious use of extracts from the most significant source material, the book assists the reader in navigating through the increasingly complex European IP system. European Intellectual Property Law deals with European patent, trade mark and copyright law copyright, as well as with adjacent areas such as protection of plant varieties, geographical indications, industrial design, competition law, enforcement, and private international law, with a focus on the most relevant case law to be found in those areas. Key Features: • Written by two of the leading authorities in European IP law • Concise and readable style • Extracts from key source material • Questions designed to stimulate thinking around legal problems • Coverage of related areas adjacent to IP • Offers an overview on international IP protection and the interrelation between European law and IP law in general. This detailed book is designed for all courses on European intellectual property, whether basic or advanced, as well as for practitioners looking for a comprehensive and concise overview on the structure and content of European IP law.
