Cross-border Enforcement of Patent Rights: An Analysis of the Interface Between Intellectual Property and Private International LawThe enforcement of patent rights raises complex, and, from a private international law perspective, unique difficulties. This book analyzes 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. |
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Contents
OPPOSITION TO CROSSBORDER PATENT INFRINGEMENT | 4 |
Introductory | 14 |
Foundations of Jurisdiction Rules Applicable to Patent Disputes 2 | 15 |
Extraterritorial Jurisdiction 15 | 66 |
Crossborder Patent Enforcement Strategies | 81 |
CROSSBORDER PATENT ENFORCEMENT STRATEGIES 3 01 | 82 |
Declaration of Noninfringement 4 81 | 143 |
Common terms and phrases
according Accordingly action acts application Article 24 Article 5(3 Belgian Brussels Convention Brussels I Regulation choice of law Civil claim Community Patent Compare concerned conferred connecting consideration considered Contracting countries Court of Appeal Court of Justice Court The Hague cross-border cross-border patent damage decision defendant delicti determine District Court domiciled effect European patent exclusive jurisdiction fall filed follows foreign French German governed granted hand hence injunction instance intellectual property rights interests interpretation issue Italy judgment jurisdiction jurisdiction rules justified law rules lex loci litigation Lugano matter measures ment nature occurred para parallel Paris parties patent enforcement patent infringement patent rights plaintiff possible President District Court principle private international law procedural proceedings protection provisional provisions question reference relevant requested requirement respect scope Second seised Similarly specific submitted suggested territorial tion tort validity
Bibliographic information
| Title | Cross-border Enforcement of Patent Rights: An Analysis of the Interface Between Intellectual Property and Private International Law Oxford monographs in private international law Oxford private international law series |
| Author | Marta Pertegás Sender |
| Edition | illustrated, reprint |
| Publisher | Oxford University Press, 2002 |
| ISBN | 0199249695, 9780199249695 |
| Length | 313 pages |
| Export Citation | BiBTeX EndNote RefMan |