Cross-border Enforcement of Patent Rights

Name: Cross-border Enforcement of Patent Rights
SKU: 10760
Availability: InStock

RM190.00

By: Marta Pertegas Sender
ISBN: 0199249695, 9780199249695
Published: September 2002
Country of Publication: UK

The enforcement of patent rights raises complex, and, from a private international law perspective, unique difficulties. Since intellectual property practitioners started to seek the consolidation of cross-border patent disputes, the interplay of private international rules has led to drastic changes in patent litigation across Europe. This book analyses in detail both the European rules on jurisdiction (the Brussels Convention and its successors) and the choice of law rules as they apply to cross-border patent disputes, and will be essential reading for both intellectual property lawyers and international commercial litigation specialists.; At the jurisdictional stage, the basic question is whether the current jurisdictional framework provides a basis for the concentration of related litigation. For jurisdictional purposes, patent enforcement is a tort. Accordingly, cross-border patent enforcement attempts may generally be undertaken at the forum of the defendant’s domicile, the place of the tort, and, as far as provisional measures are concerned, another forum with a sufficient connection to the dispute. On the other hand, the application of the current jurisdictional framework to international patent infringement disputes leads to significant difficulties such as the pre-emptive effect of proceedings pending abroad or the jurisdictional consequences of a patent validity challenge.; At the choice of law stage, this book provides a comparative overview of the rather unexplored issues arising in multinational patent enforcement. De lege Fernanda, it seems that, because of the territorial nature of patents, a distributive application of the law of the protecting State (lex loci protectionis) appears to be the most consistent choice of law rule.

Contents:
PART I: INTRODUCTION;
The Internationalisation of Patent Law;
The Supranationalisation of Patent Law;
Purpose and Structure of the WorkPART II: EXTRATERRITORIAL JURISDICTION;
Introduction;
Foundations of Jurisdiction Rules Applicable to Patent Disputes;
The Current Vehicles Towards Extraterritorial JurisdictionPART III: CROSS-BORDER PATENT ENFORCEMENT STRATEGIES;
Introduction;
Cross-border Litigation at the Defendant’s Domicile;
Cross-border Litigation at the Place of the Infringement;
Preliminary and Interlocutory Cross-border Litigation

PART IV: OPPOSITION TO CROSS-BORDER PATENT INFRINGEMENT ACTIONS;
Introduction;
Challenging the Validity of a Patent;
Declaration of Non-infringement;
Challenging the Enforcement of Foreign Cross-border Decisions

PART V: SELECTING THE GOVERNING LAW;
Introduction;
The Construction of Conflict of Law Rules Applicable to Patent
Infringement Cases; Sources of Conflict of Law Rules;
Comparative Overview of Choice of Law Rules Applicable to Patent Infringement Disputes;
Case Study: Which Law Applies to Patent Disputes Brought Before the Belgian Courts ?;
Concluding Remarks

PART VI: GENERAL CONCLUSIONS;
The Necessity of Cross-border Patent Enforcement;
The Availability of Cross-border Patent Enforcement;
The Unpredictability of Cross-border Patent Enforcement;
Bibliography