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The unitary patent and the Unified Patent Court
Authors: ---
ISBN: 9789041159380 904115938X Year: 2017 Publisher: Alphen Aan Den Rijn Wolters Kluwer

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Abstract

This book discusses the legal texts regarding the unitary patent and the Unified Patent Court (UPC). In 2013, twenty-five Member States of the European Union decided to take European patenting and patent enforcement to the next level. They agreed on a common patent title and a common patent court, i.e., the new unitary patent and the UPC. However, the implementation phase of the new patent package was a bumpy ride. Non-participating member states attacked the legal texts before the European Court of Justice, the Rules of Procedure of the UPC were subject to extensive debates, the Brexit referendum slowed down the ratification process, etc. Nevertheless, the unitary patent package survived. The exact date when the UPC will open its doors and the first unitary patent will be registered is still unclear. But observers agree that both projects will most likely become operational in 2018. From that moment on, companies, research institutions and individuals will be able to obtain not only a patent title with immediate effect in twenty-five EU Member States but also a court decision on, for example, infringement or validity of a European or Unitary Patent with effect in the participating Member States.--


Book
Fact-Gathering in Patent Infringement Cases: Rule 34 Discovery and the Saisie-Contrefaçon
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ISBN: 3845219718 3832948554 Year: 2009 Publisher: Nomos Verlagsgesellschaft mbH & Co. KG

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Abstract

Die Autorin beschäftigt sich mit der Informationsbeschaffung in Patentrechtsstreitfällen. Sie vergleicht die Regelungen im amerikanischen Recht mit dem französischen Institut der Saisie-Contrefacon.


Book
The enforcement of patents.
Authors: ---
ISBN: 9789041135278 Year: 2012 Publisher: Alphen aan den Rijn Kluwer law international


Book
Injunctions in patent law : Trans-Atlantic dialogues on flexibility and tailoring
Authors: ---
ISBN: 1108891101 1108835619 1108875777 1108880762 Year: 2022 Publisher: Cambridge, United Kingdom ; New York, NY : Cambridge University Press,

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Patents are important tools for innovation policy. They incentivize the creation and dissemination of new technical solutions and help to disclose their working to the public in exchange for limited exclusivity. Injunctions are important tools of their enforcement. Much has been written about different aspects of the patent system, but the issue of injunctions is largely neglected in the comparative legal literature. This book explains how the drafting, tailoring and enforcement of injunctions in patent law works in several leading jurisdictions: Europe, the United States, Canada, and Israel. The chapters provide in-depth explanation of how and why national judges provide for or reject flexibility and tailoring of injunctive relief. With its transatlantic and intra- European comparisons, as well as a policy and theoretical synthesis, this is the most comprehensive overview available for practicing attorneys and scholars in patent law. This book is also available as Open Access on Cambridge Core.


Book
Enforcement of FRAND Commitments under Article 102 TFEU : The Nature of FRAND Defence in Patent Litigation
Authors: ---
ISBN: 3845229845 3832958371 Year: 2011 Publisher: Nomos Verlagsgesellschaft mbH & Co. KG

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Defining the true meaning of the acronym FRAND reminds of the parable of two political parties arguing before the elections: who is right and who is wrong, although they both know that there is no such thing as one truth and most utterly it depends on the individual perspective. Given the very substantial legal and business concerns involved within the telecommunication standardization environment, the conflicts what FRAND terms and conditions means seem to be unavoidable.


Book
L'efficacité des mesures de lutte contre la contrefaçon : étude comparée.
Author:
ISBN: 2908199491 Year: 2006 Volume: 4. Publisher: Paris Société de législation comparée

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