Cross-border Enforcement of Patent Rights: An Analysis of the Interface Between Intellectual Property and Private International Law

Front Cover
Oxford University Press, 2002 - 313 pages
The 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.
 

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
Opposition to Crossborder Patent Infringement Actions
151
Selecting the Governing Law
209
SELECTING THE GOVERNING LAW 5 01
210
General Conclusions
273
The Unpredictability of Crossborder Patent Enforcement 6 17
279
Index
297
Copyright

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About the author (2002)

Dr. Marta Pertegás 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).

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