Global Patents: Limits of Transnational Enforcement

Hardcover | March 1, 2012

byMarketa Trimble

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In today's globalized economy, many inventors, investors and businesses want their inventions to be protected in many, if not most, countries. However, there currently exists no single patent that will protect an invention globally, and despite the attempts in international treaties tosimplify patenting, the process remains complicated, lengthy, and expensive. Furthermore, the necessity of enforcing patents in multiple countries exists without any possibility of concentrating in one location any parallel proceedings that concern the same invention and the same parties, thusmaking the maintenance of parallel patents infeasible.Global Patents: Limits of Transnational Enforcement, by Marketa Trimble, explains why the absence of a "global patent" persists, and discusses the events in the 140-year history of patent law internationalization that have shaped the solutions. The author analyzes the ways in which patent holdersattempt to mitigate the problems that arise from the lack of global patent protection. One way is to concentrate enforcement in one court of patents granted in multiple countries, which makes the enforcement of the patents less costly and more consistent. Another way is to attempt to use thelitigation of a single country patent to reach acts that occur outside the country, which can mitigate the lack of patent protection outside the country. However, both the concentration of proceedings and extraterritorial enforcement suffer from significant limitations. Global Patents explains theselimitations and presents the solutions that have been proposed to address them. The book includes a thorough comparative analysis of the extraterritorial features of U.S. and German patent laws, and original statistics on U.S. patent litigation. Based on a comprehensive treatment of the variousfacets of transnational enforcement challenges, the author proposes the next stage of patent law internationalization.

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In today's globalized economy, many inventors, investors and businesses want their inventions to be protected in many, if not most, countries. However, there currently exists no single patent that will protect an invention globally, and despite the attempts in international treaties tosimplify patenting, the process remains complicated...

Marketa Trimble is an associate professor at the William S. Boyd School of Law at the University of Nevada Las Vegas. Previously, she studied at Stanford Law School, where she received her second doctoral degree. In her research, she focuses on intellectual property and issues at the intersection of intellectual property and private i...
Format:HardcoverDimensions:256 pages, 9.25 × 6.12 × 0.98 inPublished:March 1, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199840687

ISBN - 13:9780199840687

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Table of Contents

PrefaceIntroduction1. Global Protection for Inventions1.1 The Territorial Limitations of Patent Protection1.2 A World Patent1.3 Parallel Patents1.3.1 Obtaining a Patent Abroad1.3.2 Obtaining Patents in Multiple Countries1.4 Obstacles to Global Protection2. Enforcing Parallel Patents2.1 Private International Law Solutions to the Problem of Enforcement of Parallel Patents2.1.1 The Brussels Regime2.1.2 Mitigating the Problems Created By the Brussels Regime2.1.3 The Hague Convention2.1.4 The ALI Principles2.1.5 The CLIP Principles2.1.5 The CLIP Principles2.1.6 Obstacles to Implementation of Private International Law Solutions2.1.6.1 Foreign Patents in U.S. Courts2.1.6.2 Foreign Patents in German Courts2.2 Institutional Solutions to the Problem of Enforcement of Parallel Patents2.3 Obstacles to the Enforcement of Parallel Patents3. Protecting an Invention outside the Protecting Country3.1 Inventions in the Means of Transportation3.2 Inventions in Transit and Border Measures3.3 Offers to Sell3.4 Inventions Assembled Abroad from Components from a Protecting Country3.5 Acts Abroad Contributing to Infringements in the Protecting Country3.6 Acts in Multiple Locations3.7 Limits on the Protection of an Invention outside the Protecting Country4. Limits of Protection under the Law of the Protecting Country4.1 Foreign Parties before U.S. Courts ? A Quantitative View of the Enforcement Problem4.1.1 Patent Cases Filed in 2004 and 20094.1.2 Cases Involving Foreign Parties4.1.3 Cases Involving at Least One Foreign Defendant and Cases with Only Foreign Defendants4.1.4 Some Observations about the Data on the Involvement of Foreign Defendants in Patent Litigation in 2004 and 20094.2 Injunctions4.2.1 Cross-Border Injunctions in U.S. Courts4.2.2 Cross-Border Injunctions in Europe4.2.3 Challenges to Enforcement of Injunctions Abroad4.2.3.1 Enforcement of an Injunction4.2.3.2 Enforcement of a Contempt Order4.3 Monetary Relief4.3.1 Punitive Damages4.3.2 Ongoing Royalties4.4 Additional Requirements of Recognition and Enforcement4.5 Obstacles to Enforcement AbroadConclusionsBibliographyTable of CasesIndex