Intellectual Property Law in the European Community

Intellectual Property Law in the European Community PDF

Author: Angus Phang

Publisher: WorldTrade Executive, Inc.

Published: 2004

Total Pages: 420

ISBN-13: 9781893323537

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This report, which includes contributions from 24 leading intellectual property attorneys throughout Europe, covers the fundamentals of intellectual property protection law and practice in each of the member countries of the European Community. (Legal Reference/Law Profession)

European Patent Law

European Patent Law PDF

Author: Stefan Luginbuehl

Publisher: Edward Elgar Publishing

Published: 2011-01-01

Total Pages: 361

ISBN-13: 9780857933218

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The book is explaining in detail the current discussion regarding the unification of European patent law. It explains the current national legal practices in Europe, describing the legal and factual issues and the different approaches to achieve unification. The book manages to show the complex situation and the different opinions from the beginning of the discussion in a clear and comprehensive manner without requiring previous knowledge of the reader and is therefore to be recommended for everyone interested. Jochen Pagenberg, LL.M. Harvard, President EPLAW, Germany and Thomas Schachl, LL.M., Attorney-at-law, Germany In his detailed study, Stefan Luginbuehl critically examines the latest efforts to establish a common European and EU patent litigation system and suggests possible alternatives to such a system. Due to the lack of a European patent court, both the EPO and national judges interpret European patents and European patent law. This results in diverging interpretation across Europe and costly litigation for patent holders. Stefan Luginbuehl s proposals to promote the goal of a uniform interpretation of patent law and ease the difficulties are timely and highly insightful. Dealing with important legal and political issues related to European patent litigation and the establishment of a common patent litigation system, this book will appeal to practitioners, patent litigators, patent attorneys and judges specialised in patent litigation. Academics teaching and learning IP (patent law), private international law, or international civil procedure, will find this study interesting as the book deals with important aspects of national and international patent litigation, as well as procedural and structural questions related to the establishment of a patent court for Europe.

European Patent Litigation in the Shadow of the Unified Patent Court

European Patent Litigation in the Shadow of the Unified Patent Court PDF

Author: Luke McDonagh

Publisher: Edward Elgar Publishing

Published: 2016-07-27

Total Pages: 215

ISBN-13: 1784714747

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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.

"Down with the Patent Lobby" or how the European Patent Office has mutated to controlling engine of the European Economy

Author: Jürgen Augstein

Publisher: GRIN Verlag

Published: 2008-06-25

Total Pages: 106

ISBN-13: 3638069273

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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.

The EU Patent Package Handbook

The EU Patent Package Handbook PDF

Author: Hoffmann · Eitle

Publisher: Hoffmann · Eitle

Published:

Total Pages: 580

ISBN-13:

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A new patent right for Europe (the European Patent with Unitary Effect) and a new European enforcement and invalidation regime (the Unified Patent Court) are expected to come into operation soon, potentially as early as 2015. Existing patents granted by the European Patent Office (EPO), as well as those granted in the future, will automatically come under the jurisdiction of the new Court, unless opt-out rights are exercised. These measures represent one of the most complex and ambitious legal reforms in the field of European intellectual property since the creation of the EPO in 1977. For applicants and proprietors used to the current European system of national patents and national courts, the new system will present both opportunities and challenges in developing, maintaining and leveraging a cost-effective patent portfolio. For manufacturers, distributors and end-users, the new system will subject their activities to the jurisdiction of a new court, with unique and possibly unfamiliar powers and procedures. Decisions must therefore be made as to how best to take advantage of the possibilities afforded by the new system. Applicants and proprietors are already asking themselves questions such as: Should I start to register European patents as European Patents with Unitary Effect when they become available, or should I continue with national validation? For which European patents and applications should I make use of the opt-out to keep litigation in the national courts? Should I consider reverting to national filings instead of using the EPO? How will the new Unified Patent Court be structured, and how will it work? What choices will I have in future as to where to litigate – should I choose a national court or the UPC to enforce or invalidate a European patent? This Handbook provides both guidance for the strategic decisions which will have to be taken and a detailed reference manual to the law and practice of the new system.

Patent Infringement in the European Community

Patent Infringement in the European Community PDF

Author: Amiram Benyamini

Publisher: Wiley-VCH

Published: 1993-03-11

Total Pages: 456

ISBN-13:

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The book is a timely and detailed analysis of the acts constituting patent infringement in the laws of European Community states and associated countries. The provisions on the question have recently been re-drawn in a standardised form which derives from the Community Patent Convention (itself an established text which is not yet operational). These provisions on patent infringement need to be similarly interpreted in the different jurisdictions if any real harmonisation of laws is to be attained. This book shows the evolution and logical structure of the provisions, making apposite comparisons not only with the formner laws of the countries concerned but also with the US, Australia, Canada and elsewhere. It will be of major assistance in understanding a crucial aspect of patent law throughout Europe.

EU Intellectual Property Law and Policy

EU Intellectual Property Law and Policy PDF

Author: The late Catherine Seville

Publisher: Edward Elgar Publishing

Published: 2016-09-28

Total Pages: 588

ISBN-13: 1781003483

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This fully updated book offers a compact and accessible account of EU intellectual property (IP) law and policy. The digital age brings many opportunities, but also presents continuing challenges to IP law as the EU’s programme of harmonisation unfolds. As well as addressing the main IP rights (copyright, patents, designs, trade marks and related rights), the book also considers IP’s relationship with the EU’s rules on free movement of goods and competition, as well as examining the enforcement of IP rights. Taking account of numerous changes, this timely second edition covers the substantive provisions and procedures which apply throughout the EU, making extensive reference to the case law. The author considers how the exploitation of IP is increasingly global; harmonisation, in contrast, is only partial, even at the EU level. In response, the book sets EU IP law in its wider international context. It also seeks to highlight policy issues and arguments of relevance to the EU, in its relations both within the Union and with the rest of the world. Designed as a compact and approachable account of these difficult and technical areas, and with advice on further reading and research, this unique book is useful both as a work of reference and for more general study. It is essential reading for postgraduate students, academic researchers and legal practitioners alike.

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