Download or read book Patent Infringement in the European Community written by Amiram Benyamini and published by John Wiley & Son Limited. This book was released on 1993-01-01 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Intellectual Property Law in the European Community written by Angus Phang and published by WorldTrade Executive, Inc.. This book was released on 2004 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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)

Download or read book Cross border Patent Infringement Litigation Within the European Union written by and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book European Patent Law written by Stefan Luginbuehl and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book European Patent Litigation in the Shadow of the Unified Patent Court written by Luke McDonagh and published by Edward Elgar Publishing. This book was released on 2016-07-27 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Cross border Patent Infringement Litigation Within the European Union written by Michael Christian Alexander Kant and published by . This book was released on 2015 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Down with the Patent Lobby or how the European Patent Office has mutated to controlling engine of the European Economy written by Jürgen Augstein and published by GRIN Verlag. This book was released on 2008-06-25 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The EU Patent Package Handbook written by Hoffmann · Eitle and published by Hoffmann · Eitle. This book was released on with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Unified Patent Protection in Europe written by Winfried Tilmann and published by Oxford University Press. This book was released on 2018-07-04 with total page 1832 pages. Available in PDF, EPUB and Kindle. Book excerpt: The creation of the Unified Patent Court (UPC) is the most prominent change in the European legal landscape for the last four decades. This book explains how the new system works in practice and how to make the best use of its provisions. It offers readers an in-depth and comprehensive commentary on the legal mechanisms of the upcoming ratified European Patent Law, and advice on potential problems that users of the forthcoming regulations may face. The book first describes the creation of the Unified European Patent Law and how its four new legislative texts interact. The new legislative texts are then explained and commented on in detail, rule by rule, with diverse approaches and perspectives from a practitioner team comprising patent litigators, European patent attorneys, law professors and patent judges. The Commentary takes into account the practical needs of users of the new system on both the prosecution and enforcement sides, addressing substantive and procedural problems. This book is the most authoritative text on the Unitary Patent and Unified Patents Court, and an invaluable tool for practitioners in this rapidly developing area of law.

Download or read book Constructing European Intellectual Property written by Christophe Geiger and published by Edward Elgar Publishing. This book was released on 2013 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'It is no longer possible to practice, teach, or study purely domestic intellectual property law within Europe. European intellectual property norms now structure protection throughout the continent (and even beyond). Paradoxically, what might seem as a simplification of legal rules has created a maze of new complexities substantive, institutional and methodological. This collection by some of the leading scholars in European IP manages to capture that complexity without sacrificing clarity. Canvassing the entire field with a rich array of contributions, the book both highlights the roots of European IP law and asks important fundamental questions about where it is going. One can only hope that it is read by anyone with a hand in the future development of European IP law.' Graeme B. Dinwoodie, University of Oxford, UK 'Christophe Geiger has put together a very fine collection of essays by many of the very best scholars in European intellectual property law. The essays explore the basis, extent, as well as the successes and failings of regional harmonization of trade marks, geographical indications, copyright, designs, patents and remedies. The celebrated cast of authors naturally discuss, in addition to the various directives and regulations on each topic, the Treaty provisions on exhaustion of rights and competition (and their interpretation), relevant provisions on legislative competence, Article 17(2) of the Charter, other fundamental rights, and the growing case law of the Court of Justice. There is essential material here for anyone interested in European intellectual property law, as well as ideas for the improvement and further development of European IP law.' Lionel Bently, University of Cambridge, UK Constructing European Intellectual Property offers a comprehensive assessment of the current state of intellectual property legislation in Europe and gives direction on how an improved system might be achieved. This detailed study presents various perspectives on what further actions are necessary to provide the circumstances and tools for the construction of a truly balanced European intellectual property system. The book takes as its starting point that the ultimate aim of such a system should be to ensure sustainable and innovation-based economic growth while enhancing free circulation of ideas and cultural expressions. Being the first in the European Intellectual Property Institutes Network (EIPIN) series, this book lays down some concrete foundations for a deeper understanding of European intellectual property law and its complex interplay with other fields of jurisprudence as well as its impact on a broad array of spheres of social interaction. In so doing, it provides a well needed platform for further research. Academics, policymakers, lawyers and many others concerned with establishment of a regulatory framework for intangibles in the EU will benefit from the extensive and thoughtful discussion presented in this work.

Download or read book EU Intellectual Property Law and Policy written by The late Catherine Seville and published by Edward Elgar Publishing. This book was released on 2016-09-28 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Intellectual Property Review written by Dominick A Conde and published by Law Business Research Ltd.. This book was released on 2017-07-04 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Intellectual Property Review, edited by Dominick A Conde of Fitzpatrick, Cella, Harper & Scinto, covers 30 jurisdictions with leading practitioners explaining the opportunities for intellectual property protection in their respective region, plus significant recent developments and the unique aspects of each country. It is not an overstatement to say that essentially all business is global, and the protection of intellectual property is the lifeblood of all business. The scope and implementation of that protection, however, varies from country to country. It is therefore incumbent for both clients and their lawyers, to be conversant with the individual practices, laws, rules and procedures, in each of the economically significant countries. The goal of this review is to provide that guidance. Contributors include: Stanislas Roux-Vaillard, Hogan Lovells LLP; Felix Roediger, Bird & Bird LLP; and Tommaso Faelli, BonelliErede

Download or read book European Intellectual Property Law written by Annette Kur and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this popular textbook has been thoroughly revised, expanded and updated in order to reflect the recent extensive changes in European IP legislation. Providing an in-depth examination of the core areas of IP law, from copyright, patents and trademarks through to the protection of plant varieties and industrial design, it is perfectly pitched to guide the reader through the complexities of the European IP system.

Download or read book Patent Settlements in the Pharmaceutical Industry under US Antitrust and EU Competition Law written by Amalia Athanasiadou and published by Kluwer Law International B.V.. This book was released on 2018-08-14 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reverse payment settlements or “pay-for-delay agreements” between originators and generic drug manufacturers create heated debates regarding the balance between competition and intellectual property law. These settlements touch upon sensitive issues such as timely generic entry and access to affordable pharmaceuticals and also the need to preserve innovation incentives for originators and to strengthen the pipeline of life-saving pharmaceuticals. This book is one of the first to critically and comparatively analyse how such patent settlements and various other strategies employed by the pharmaceutical industry are scrutinised by both United States (US) and European courts and enforcement authorities, and to discuss the applicable legal tests and the main criteria used for their assessment. The book’s ultimate objective is to provide guidance to the pharmaceutical industry regarding the types of patent settlements, strategies and conduct which may be problematic from US antitrust and European Union (EU) competition law perspectives and to assist practitioners in structuring settlements which are both efficient and compliant. To this end, an exhaustive legal analysis of some of the most controversial issues regarding pharmaceutical patent settlements is provided, including: – the lengthy split among US Circuit Courts on the issue of pay-for-delay settlements, its resolution by the US Supreme Court in FTC v. Actavisand subsequent jurisprudence; – the decision of Lundbeck v. Commissionby the European General Court and the Servier decision of the European Commission; – the Roche/Novartisdecision of the European Court of Justice and the most important decisions by National Competition Authorities on pharma patent settlements in the EU; – an overview of other types of strategies such as product-hopping and product reformulations, no-authorised generic commitments, problematic side-deals, mechanisms affecting generic substitution; – the rejection of the “scope of the patent” test in both the US and the EU and the balancing of patent law and antitrust law considerations in the prevailing applicable tests; – the benefits of settlements and the main criteria for assessing their legitimacy under US antitrust and EU competition law. The analysis provides concrete examples of both illegitimate and legitimate settlements and strategies, emphasising on conduct that falls within a grey zone and on the circumstances and criteria under which such conduct could be deemed problematic from an antitrust perspective. This book will serve as a valuable guide for pharmaceutical companies wishing to minimise the risk of engaging in conduct that could potentially infringe US antitrust and EU competition law. It further aims to save courts and enforcement agencies and also practitioners and academics considerable time and resources by providing an exhaustive analysis of the relevant caselaw, with the ultimate goal to increase legal certainty on the most controversial aspects of patent settlements in the pharmaceutical industry.

Download or read book EU Intellectual Property Law and Policy written by Catherine Seville and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author has succeeded in her chief aim in writing this book to introduce a compact and accessible account of EU intellectual property law. . . this book is a useful background and excellent starting point for understanding EU intellectual property law. Jamil Ammar, European Intellectual Property Review This book s innovative contribution is to view EU IP law as a subject in its own right, not just an extra to accounts of national law. The very up-to-date coverage strikes an excellent balance between detail and overview, while Dr Seville also discusses thoughtfully the wider international frameworks, policy issues and debates in which development of EU IP law is enmeshed. Dr Seville fully deserves the gratitude of IP lawyers and students for this outstandingly helpful study. Hector Macqueen, Edinburgh Law School, UK The book is as timely as it is well-written and thorough. The contributions of the EU to most aspects of intellectual property law are increasingly dominant. This treatment places them apart from the national laws of member states, thus emphasising the common core that now they provide. Many will want to study this presentation. William R. Cornish, University of Cambridge, UK Intellectual property (IP) is a crucial contributor to economic growth and competitiveness within the EU. This book offers a compact and accessible account of EU intellectual property law and policy, covering copyright, patents, designs, trademarks and the enforcement of rights. The author also addresses aspects of the free movement of goods and services, competition law, customs measures and anti-counterfeiting efforts. Setting EU intellectual property law in its wider international context, this work reveals the framework within which the national IP laws of member states operate. The book seeks to highlight the most important policy issues and arguments of relevance to the EU, both within the Union, and in its relations with the rest of the world. With its detailed references, cross-referencing and suggestions for further readings, EU Intellectual Property Law and Policy is essential reading for postgraduate students and academic lawyers in IP and EU law. Practitioners seeking a broad account of the area will also appreciate this important contribution.

Download or read book Patent Infringement in the European Community written by Amiram Benyamini and published by Wiley-VCH. This book was released on 1993-03-11 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book International Intellectual Property in an Integrated World Economy written by Frederick M. Abbott and published by Aspen Publishing. This book was released on 2024 with total page 980 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Law school casebook on intellectual property in a global context"--