Cross-border Enforcement of Patent Rights
An Analysis of the Interface Between Intellectual Property and Private International Law
Published in 2002
Book
Hardback
300 pages
978-0-19-924969-5 (ISBN)
Description
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 drastic changes 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 property lawyers and international commercial litigation specialists.
Readership:
Legal practitioners and academics specializing in intellectual property law and international commercial litigation; the judiciary; postgraduate students; and reference libraries in the UK, Europe and worldwide.
Contents:
Part I: Introduction
* The Internationalisation of Patent Law
* The Supranationalisation of Patent Law
* Purpose and Structure of the Work
Part II: Extraterritorial jurisdiction
* Introduction
* Foundations of Jurisdiction Rules Applicable to Patent Disputes
* The Current Vehicles Towards Extraterritorial Jurisdiction
Part III: Cross-border Patent Enforcement Strategies
* Introduction
* Cross-border Litigation at the Defendant's Domicile
* Cross-border Litigation at the Place of the Infringement
* Preliminary and Interlocutory Cross-border Litigation
Part IV: Opposition to Cross-border Patent Infringement Actions
* Introduction
* Challenging the Validity of a Patent
* Declaration of Non-infringement
* Challenging the Enforcement of Foreign Cross-border Decisions
Part V: Selecting the Governing Law
* Introduction
* The Construction of Conflict of Law Rules Applicable to Patent Infringement Cases
* Sources of Conflict of Law Rules
* Comparative Overview of Choice of Law Rules Applicable to Patent Infringement Disputes
* Case Study: Which Law Applies to Patent Disputes Brought Before the Belgian Courts?
* Concluding Remarks
Part VI: General Conclusions
* The Necessity of Cross-border Patent Enforcement
* The Availability of Cross-border Patent Enforcement
* The Unpredictability of Cross-border Patent Enforcement
* Bibliography
Since intellectual property practitioners started to seek the consolidation of cross-border patent disputes, the interplay of private international rules has led to drastic changes 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 property lawyers and international commercial litigation specialists.
Readership:
Legal practitioners and academics specializing in intellectual property law and international commercial litigation; the judiciary; postgraduate students; and reference libraries in the UK, Europe and worldwide.
Contents:
Part I: Introduction
* The Internationalisation of Patent Law
* The Supranationalisation of Patent Law
* Purpose and Structure of the Work
Part II: Extraterritorial jurisdiction
* Introduction
* Foundations of Jurisdiction Rules Applicable to Patent Disputes
* The Current Vehicles Towards Extraterritorial Jurisdiction
Part III: Cross-border Patent Enforcement Strategies
* Introduction
* Cross-border Litigation at the Defendant's Domicile
* Cross-border Litigation at the Place of the Infringement
* Preliminary and Interlocutory Cross-border Litigation
Part IV: Opposition to Cross-border Patent Infringement Actions
* Introduction
* Challenging the Validity of a Patent
* Declaration of Non-infringement
* Challenging the Enforcement of Foreign Cross-border Decisions
Part V: Selecting the Governing Law
* Introduction
* The Construction of Conflict of Law Rules Applicable to Patent Infringement Cases
* Sources of Conflict of Law Rules
* Comparative Overview of Choice of Law Rules Applicable to Patent Infringement Disputes
* Case Study: Which Law Applies to Patent Disputes Brought Before the Belgian Courts?
* Concluding Remarks
Part VI: General Conclusions
* The Necessity of Cross-border Patent Enforcement
* The Availability of Cross-border Patent Enforcement
* The Unpredictability of Cross-border Patent Enforcement
* Bibliography
More details
Persons
Dr. Marta Perteg s 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 European law and private international law in Spain, Poland, Latvia, Slovenia and the Czech Republic, and has published extensively in the field of international litigation and conflict of laws. She has previously worked at the European Parliament, and since 1994 as an assistant to prof. Van Houtte at the Institute of International Trade Law (Louvain, K.U. Leuven).
Content
PART I: INTRODUCTION; The Internationalisation of Patent Law; The Supranationalisation of Patent Law; Purpose and Structure of the Work; PART II: EXTRATERRITORIAL JURISDICTION; Introduction; Foundations of Jurisdiction Rules Applicable to Patent Disputes; The Current Vehicles Towards Extraterritorial Jurisdiction; PART III: CROSS-BORDER PATENT ENFORCEMENT STRATEGIES; Introduction; Cross-border Litigation at the Defendant's Domicile; Cross-border Litigation at the Place of the Infringement; Preliminary and Interlocutory Cross-border Litigation; PART IV: OPPOSITION TO CROSS-BORDER PATENT INFRINGEMENT ACTIONS; Introduction; Challenging the Validity of a Patent; Declaration of Non-infringement; Challenging the Enforcement of Foreign Cross-border Decisions; PART V: SELECTING THE GOVERNING LAW; Introduction; The Construction of Conflict of Law Rules Applicable to Patent Infringement Cases; Sources of Conflict of Law Rules; Comparative Overview of Choice of Law Rules Applicable to Patent Infringement Disputes; Case Study: Which Law Applies to Patent Disputes Brought Before the Belgian Courts ?; Concluding Remarks; PART VI: GENERAL CONCLUSIONS; The Necessity of Cross-border Patent Enforcement; The Availability of Cross-border Patent Enforcement; The Unpredictability of Cross-border Patent Enforcement; Bibliography