Cross-border Enforcement of Patent Rights
An Analysis of the Interface Between Intellectual Property and Private International Law
Series: Oxford Private International Law Series;
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Product details:
- Publisher OUP Oxford
- Date of Publication 21 March 2002
- ISBN 9780199249695
- Binding Hardback
- No. of pages360 pages
- Size 242x162x23 mm
- Weight 666 g
- Language English 0
Categories
Short description:
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.
MoreLong description:
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 feranda, it seems that, in view 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.
Table of Contents:
Part I: Introduction
The Internationalisation of Patent Law
The Supranationalisation of Patent Law
Purpose and Structure of the Work
Part II: Extraterritorial jurisdiction
Introduction
Foundations of Jurisdiction Rules Applicable to Patent Disputes
The Current Vehicles Towards Extraterritorial Jurisdiction
Part 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
