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Patent Enforcement Worldwide
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Book Synopsis Patent Enforcement Worldwide by : Christopher Heath
Download or read book Patent Enforcement Worldwide written by Christopher Heath and published by Bloomsbury Publishing. This book was released on 2005-02-25 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patent infringement procedures are an instrument whereby the patentee defends his protected invention against unlawful use by a third party (the alleged infringer). The difficulty is that the patent is no solid object whose damage can be easily detected; it belongs to that group of rights whose infringement is not easy to determine. The patent is a right described by words, and those words, written into a claim, are so complicated that laymen and lawyers alike fail to understand them. This is the special feature which distinguishes the patent right. This book consists of a series of country reports in which expert patent attorneys describe the patent infringement procedures in their jurisdiction. Since the first edition of this book was published in 2000, developments in the field of patent enforcement have been significant and required a major rewriting of all the seven original contributions (the UK, Germany, France, the Netherlands, Italy, Japan and the US): more than 100 decisions have been added. For the second edition, another eight countries have been included: three from Eastern Europe (Poland, the Czech Republic and Hungary), two from Asia (China and Korea), two from Latin America (Argentina and Brazil), and one from Europe (Switzerland) and there is a new chapter by Dieter Stauder on European issues of patent enforcement: cross-border litigation, cross-border assistance in obtaining evidence, and the new European Enforcement Directive.
Book Synopsis Patent Enforcement Worldwide by : Christopher Heath
Download or read book Patent Enforcement Worldwide written by Christopher Heath and published by . This book was released on 2005 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patent infringement procedures are an instrument whereby the patentee defends his protected invention against unlawful use by a third party (the alleged infringer). The difficulty is that the patent is no solid object whose damage can be easily detected; it belongs to that group of rights whose infringement is not easy to determine. The patent is a right described by words, and those words, written into a claim, are so complicated that laymen and lawyers alike fail to understand them. This is the special feature which distinguishes the patent right. This book consists of a series of country r.
Book Synopsis Patent Enforcement Worldwide by : Christopher Heath
Download or read book Patent Enforcement Worldwide written by Christopher Heath and published by . This book was released on 2005 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Patent Enforcement Worldwide by : Christopher Heath
Download or read book Patent Enforcement Worldwide written by Christopher Heath and published by Bloomsbury Publishing. This book was released on 2015-11-19 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book features 15 country reports on the patent enforcement practice of the world's most litigated countries in Europe, Asia and the Americas. Litigation strategies for both right owners and alleged infringers are explained against the background of case law on: types of action, standing to sue, jurisdiction, obtaining evidence, provisional and final measures, trial practice, types of infringement, remedies and counterclaims, costs and issues of retrial, threats and wrongful enforcement. Special chapters cover the Trade-Related Aspects of Intellectual Property Agreement provisions on enforcement, enforcement issues in the European Community, international cross-border litigation and border measures. The reports are written by patent practitioners or academic experts in the field, and the homogenous structure of the country reports allows for an easy identification of best practices and strategic considerations on the choice of jurisdiction.
Book Synopsis Patent Law in Global Perspective by : Ruth L. Okediji
Download or read book Patent Law in Global Perspective written by Ruth L. Okediji and published by Oxford University Press, USA. This book was released on 2014 with total page 770 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This text addresses critical and timely questions in patent law from a truly global perspective, with contributions from leading patent law scholars from various countries and various disciplines. The rich scholarship featured reflects on a wide range of perspectives, offering insights and new approaches to evaluating key institutional, economic, doctrinal, and practical issues that are at the forefront of efforts to reform the global patent system, and to reconfigure geo-political interests in on-going multilateral, trilateral, and bilateral initiatives".--
Book Synopsis Patent Pledges by : Jorge L. Contreras
Download or read book Patent Pledges written by Jorge L. Contreras and published by Edward Elgar Publishing. This book was released on 2017-03-31 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patent holders are increasingly making voluntary, public commitments to limit the enforcement and other exploitation of their patents. The best-known form of patent pledge is the so-called FRAND commitment, in which a patent holder commits to license patents to manufacturers of standardized products on terms that are “fair, reasonable and non-discriminatory.” Patent pledges have also been appearing in fields well beyond technical standard-setting, including open source software, green technology and the biosciences. This book explores the motivations, legal characteristics and policy goals of these increasingly popular private ordering tools.
Book Synopsis Patent Litigation Through the Unified Patent Court and German Courts by : Alexander Harguth
Download or read book Patent Litigation Through the Unified Patent Court and German Courts written by Alexander Harguth and published by Kluwer Law International B.V.. This book was released on 2023-05-23 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe has enacted a new patent system, now offering unitary patents and a Unified Patent Court (UPC) for pan-European enforcement. Country-by-country enforcement is no longer required. Unitary patents add to the strategic options available for innovators to protect their technology, coexisting with the other traditional forms of protection through ordinary European patents, national patents, and utility models. The complex interplay between these enforcement channels creates major strategic challenges for enterprises doing business in Europe. This book is the first to provide an all-embracing view of the new legal situation, thoroughly demonstrating the potential for exploiting unitary patents in tandem with traditional patent rights. It also provides an overall constructive approach to patent procurement and litigation. The authors—prominent patent litigators, two from Germany and one from the United States—present a detailed analysis of these strategic considerations, including: opt-out mechanisms for “ordinary” European patents; patentability standards; inventorship and ownership; claim construction; invalidation proceedings; revocation actions at the UPC; pre-suit considerations; enforcement options and strategies through the UPC and German courts; discovery and evidence taking; and customs actions. Because patent enforcement is a global pursuit and inherently crosses borders, the analysis is presented with an eye toward other European and non-European systems, particularly the common law system of the United States. The goal of this book is to assist patent practitioners worldwide in resolving disputes through a sharpened understanding of options in Europe. Corporate decision-makers and in-house counsel dealing with patents and patent litigation—as well as academics in patent law—will greatly benefit from the authors’ practical guidance in navigating the respective judicial tracks described to promote an optimal strategic approach for the global patent arena.
Book Synopsis Commentary on the UN Sales Law (CISG) by : Christoph Brunner
Download or read book Commentary on the UN Sales Law (CISG) written by Christoph Brunner and published by Kluwer Law International B.V.. This book was released on 2019-03-18 with total page 982 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buyers and sellers engaging in the cross-border sale of goods are well-advised to be conversant with the United Nations Convention on Contracts for the International Sale of Goods (CISG), which governs international sales contracts. The CISG has been ratified by 89 states, which together account for over three-quarters of all world trade. This practically-oriented, article-by-article commentary on the CISG will be useful to legal practitioners, counsel and arbitrators dealing with international sales contracts. The in-depth annotations deal extensively with the legal issues likely to arise under each CISG article. The annotations include up-to-date analyses of state court and arbitral decisions, the legal doctrines derived from these decisions, and relevant scholarship to date. Among the issues and topics discussed are the following: interface with national laws; scope of application; obligations of seller and buyer; non-conforming goods and duty to notify; breach of contract and remedies; damages; force majeure exemption; and termination of contract and its consequences. This book is an updated translation of the second German edition of a valued resource in Germany, Switzerland, and Austria, and an authority regularly cited by the Swiss Supreme Court. The commentary is influenced by legal authorities from both civil law and common law backgrounds. Throughout, the contributors refer to the cisg-online.ch database, enabling users to locate decisions easily. User-friendly, focused on practical questions, concise but comprehensive, this article-by-article commentary provides a quick and trenchant overview of existing legal opinions and court/arbitral decisions. It will prove immensely valuable to legal practitioners, facilitating their formulation of reliable solutions to legal problems involving the CISG.
Book Synopsis International Patent-legislation and Developing Countries. by : Ulf Anderfelt
Download or read book International Patent-legislation and Developing Countries. written by Ulf Anderfelt and published by Springer. This book was released on 1971-07 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Patent-Legislation and Developing Countries
Book Synopsis Global Patent Litigation by : Michael C. Elmer
Download or read book Global Patent Litigation written by Michael C. Elmer and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Global Patents written by Marketa Trimble and published by Oxford University Press. This book was released on 2012-02-14 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Patents: Limits of Transnational Enforcement explains why a "global patent" does not exist. It identifies the barriers to its creation from both historical and current perspectives, and discusses the difficulties that arise as inventors, investors, and businesses strive to protect their inventions in the widest territory possible. The author analyzes the options available to patent holders, and explains how a country's patent law may be used to stop or limit the exploitation of an invention patented in that country, and even in other countries where the invention is not patented.
Book Synopsis Global Patent Protection and Enforcement of In Vitro Diagnostic Inventions by : Lisa Mueller
Download or read book Global Patent Protection and Enforcement of In Vitro Diagnostic Inventions written by Lisa Mueller and published by Kluwer Law International B.V.. This book was released on 2019-11-01 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Like all inventors, developers of in vitro medical diagnostic tests depend on patent protection that is enforceable against alleged infringers and ensures royalties and other payments. Due to recent United States (US) court decisions that have made the patentability of such tests untenable in the US, there is an expectation that patent applications for in vitro diagnostic inventions will increase in commercially important countries that provide broader protection. Accordingly, this book thoroughly describes the patentability requirements and enforcement challenges faced by in vitro diagnostic inventions in nine major worldwide markets, providing practical tips on how to overcome these challenges and build a globally enforceable patent portfolio for such inventions. For each of nine jurisdictions – Australia, Canada, China, the European Union, India, Japan, Russia, South Africa and the US – an author knowledgeable in the patent law of his or her country examines such elements as the following: subject matter eligibility; specific patentability hurdles; recent and relevant cases; specific issues relating to enforcement; and exceptions to infringement. Specific examples of types of claims (both immunohistochemistry and molecular in vitro diagnostics) are provided, along with tips for drafting and prosecuting applications and best practices for forestalling rejections based on subject matter eligibility and prior art. This book is the first to provide a comprehensive global examination of the patentability of in vitro diagnostic tests. The editor, a patent attorney globally known for her work with the pharmaceutical industry, has assembled a compendium of international expertise that will prove indispensable to patent practitioners (prosecution as well as litigation), corporate research teams, pharmaceutical and other companies and academics throughout the world.
Book Synopsis Global Dimensions of Intellectual Property Rights in Science and Technology by : National Research Council
Download or read book Global Dimensions of Intellectual Property Rights in Science and Technology written by National Research Council and published by National Academies Press. This book was released on 1993-02-01 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.
Book Synopsis International Protection of Patents by : Thomas Schmidt
Download or read book International Protection of Patents written by Thomas Schmidt and published by GRIN Verlag. This book was released on 2003-04-22 with total page 71 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2003 in the subject Law - Miscellaneous, grade: n/v (August 2003), University College Dublin (Faculty of Law), course: International Business Law (LL.M.), 27 entries in the bibliography, language: English, abstract: The modern liberal state hesitates to grant monopolies to its citizens. If such privileges are granted nowadays, there has to be a strong justification for thus breaching the principal of equal treatment. All Intellectual Property rights, whether registered like Industrial Designs, Trade marks or not registered as Copyrights or Companies’ Goodwill (Passing off), create monopolies, since the right holder may prevent others from using his thought, the idea or invention. Since intellectual property is insubstantial and therefore not visible, on the other hand, these rights must be protected by the state in a different way than the rights of property or possession of tangible assets. It is easy and cheap to reproduce intellectual property and – prima faciebeneficial into the bargain. To develop intellectual property by one self is time-consuming and cost-intensive. But people stop doing so immediately if the result of their work is not protected against copying, as there is no incentive to create new intellectual property.
Book Synopsis Patents in Germany and Europe by : Alexander Harguth
Download or read book Patents in Germany and Europe written by Alexander Harguth and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Germanyand’s patent system presents unique opportunities and risks for companies doing business abroad. It is one of the worldand’s top jurisdictions for patent enforcement because of the size of the German market, the speed and cost of the proceedings, the expertise and reputation of the judges, and its advantageous and“split systemand” that resolves infringement separately from validity challenges. Either as a stand-alone enforcement venue, or as part of a global IP strategy, Germany should be at the forefront of companiesand’ intellectual property plans. This handbook provides attorneys worldwide both the fundamental framework and practical pointers for navigating Germanyand’s patent system. The book opens with an overview of the judicial system, along with a background on patent prosecution and opposition proceedings in the European Patent Office. The handbook then explains key aspects of patent litigation in Germany, including: Trial procedure; Claim construction; Damages; Nullity (invalidity) proceedings; Discovery; Customs enforcement actions; Employment law regarding inventions; and Budgeting of patent cases. The book also provides forms and legislative materials, including translations (unofficial) of key intellectual property provisions, such as of the German Patent Act, Utility Model Act and the Act on Employeeand’s Inventions. Authored by active patent litigators in Germany and the United States, this handbook explains the German system in the context of U.S. proceedings, and concludes with a comparison of key provisions of the U.S. and German patent systems. For in-house counsel, as well as for seasoned international litigators, this handbook offers valuable lessons for patent procurement, enforcement, and defense.
Book Synopsis Intellectual Property Enforcement by : Xuan Li
Download or read book Intellectual Property Enforcement written by Xuan Li and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: The enforcement of TRIPS-plus standards on Intellectual Property (IP) has become one of the most significant challenges for developing countries in recent years. This book is the first initiative linking IP enforcement and development, which fundamentally differs from the approach and perspective of developed countries. The editors encourage developing countries to address the emerging challenges in IP enforcement initiatives at various international forums, and to devise appropriate national policies and legislation on IP enforcement, in accordance with international treaties. The book examines the trend towards increasing global IP enforcement, recent case law developments, abuse of IP enforcement procedures, and provides strategic considerations and recommendations for developing countries. With an interdisciplinary approach Intellectual Property Enforcement will be a must-read for scholars, experts and students of international relations, government officials and negotiators and companies engaged in IP enforcement activities.
Download or read book Patents written by Shawn Bennett and published by Nova Science Publishers. This book was released on 2015-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic research shows that small businesses are the primary driver of job creation in the United States. Yet, the capacity of American small businesses to create jobs is at risk. American firms compete and grow by supplying products and services that consumers demand, and by internationalising their businesses through licensing, franchising, or exporting. For many small companies, patent protection prevents competitors from simply copying their innovations, and aids in attracting investor capital needed to grow, build market share, and create jobs. The aim of this book is to show how the U.S. Patent and Trademark Office, in coordination with other Federal departments and agencies, can best support businesses with international patent protection. Moreover, upon its signing in 2011, the Leahy-Smith America Invents Act (AIA) substantially overhauled U.S. patent law. Included in AIA was the expansion of the prior user rights defense to infringement and broadening the classes of patents that are eligible for the new limited prior user rights defense. (Here, prior user rights, is a defense to patent infringement afforded to a party that was commercially using, or engaged in substantial preparations for commercial use of, an invention later patented by another party). In the debate about the impact of an expanded prior user rights defense on the patent system and innovation more generally, the U.S. Patent and Trademark Office produced a report detailing its findings and recommendations on the operation of prior user rights in the industrialised world, which is discussed further in this book.
