Cross-border Enforcement of Patent Rights: An Analysis of the Interface Between Intellectual…

Hardcover | March 1, 2002

byMarta Pertegas Sender

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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 drasticchanges 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 propertylawyers 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 undertakenat 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 disputesleads 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 lociprotectionis) appears to be the most consistent choice of law rule.

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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 drasticchanges in patent litigation across Europe....

Dr Marta Pertegas Sender is qualified as a barrister at the Barcelona bar, and practices part-time as an associate with firm Nauta Dutilh in Brussels specializing in the fields of international litigation and intellectual property. She is a part-time Lecturer in Private International Law at K.U. Leuven, and regularly lectures on Euro...
Format:HardcoverDimensions:360 pages, 9.21 × 6.14 × 0.93 inPublished:March 1, 2002Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199249695

ISBN - 13:9780199249695

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Table of Contents

Part I: IntroductionThe Internationalisation of Patent LawThe Supranationalisation of Patent LawPurpose and Structure of the WorkPart II: Extraterritorial jurisdictionIntroductionFoundations of Jurisdiction Rules Applicable to Patent DisputesThe Current Vehicles Towards Extraterritorial JurisdictionPart III: Cross-border Patent Enforcement StrategiesIntroductionCross-border Litigation at the Defendant's DomicileCross-border Litigation at the Place of the InfringementPreliminary and Interlocutory Cross-border LitigationPart IV: Opposition to Cross-border Patent Infringement ActionsIntroductionChallenging the Validity of a PatentDeclaration of Non-infringementChallenging the Enforcement of Foreign Cross-border DecisionsPart V: Selecting the Governing LawIntroductionThe Construction of Conflict of Law Rules Applicable to Patent Infringement CasesSources of Conflict of Law RulesComparative Overview of Choice of Law Rules Applicable to Patent Infringement DisputesCase Study: Which Law Applies to Patent Disputes Brought Before the Belgian Courts ?Concluding RemarksPart VI: General ConclusionsThe Necessity of Cross-border Patent EnforcementThe Availability of Cross-border Patent EnforcementThe Unpredictability of Cross-border Patent EnforcementBibliography