Comparative Patent Remedies
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Comparative Patent Remedies
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Author : Prof. Thomas F. Cotter
language : en
Publisher: Oxford University Press
Release Date : 2013-03-06
Comparative Patent Remedies written by Prof. Thomas F. Cotter and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-06 with Law categories.
Nations throughout the world receive more patent applications, grant more patents, and entertain more patent infringement lawsuits than ever before. To understand the contemporary patent system, it is crucial to become familiar with how courts and other actors in different countries enable patent owners to enforce their rights. This is increasingly important, not only for firms that seek to market their products worldwide and for the lawyers who provide them with counsel, but also for scholars and policymakers working to develop better policies for promoting the innovation that drives long-term economic growth. Comparative Patent Remedies provides a critical and comparative analysis of patent enforcement in the United States and other major patent systems, including the European Union, Japan, Canada, Australia, China, South Korea, Taiwan, and India. Thomas Cotter shows how different countries respond to similar issues, and suggests how economic analysis can assist in adapting current practice to the needs of the modern world. Among the topics addressed are: how courts in various nations award monetary compensation for patent infringement, including lost profits, infringer's profits, and reasonable royalties; the conditions under which patent owners may obtain preliminary and permanent injunctions, including cross-border injunctions in the European Union; the availability of various options for potential defendants to challenge patent validity; and other matters, such as the availability of criminal enforcement and border measures to exclude infringing goods.
Patent Wars
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Author : Thomas F. Cotter
language : en
Publisher: Oxford University Press
Release Date : 2018
Patent Wars written by Thomas F. Cotter and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
Patents are ubiquitous in contemporary life. Practically everything we use incorporates one or more patented inventions, and recent years have witnessed epic disputes over such matters as the patenting of human genes, the control of smartphone design and technology, the marketing of patented drugs, and the conduct of "patent trolls" accused of generating revenue from nuisance litigation. But what exactly is a patent? Why do governments grant them? Can patents simultaneously encourage new invention, while limiting monopoly and other abuses? In Patent Wars, Thomas Cotter, one of America's leading patent law scholars, offers an accessible, lively, and up-to-date examination of the current state of patent law, showing how patents affect everything from the food we eat to the cars we drive to the devices that entertain and inform us. Beginning with a general overview of patent law and litigation, the book addresses such issues as the patentability of genes, medical procedures, software, and business methods; the impact of drug patents and international treaties on the price of health care; trolls; and the smartphone wars. Taking into account both the benefits and costs that patents impose on society, Cotter highlights the key issues in current debates and explores what still remains unknown about the effect of patents on innovation. An essential one-volume analysis of the topic, Patent Wars explains why patent laws exist in the first place and how we can make the system better.
Patent Law Injunctions
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Author : Rafał Sikorski
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-11-27
Patent Law Injunctions written by Rafał Sikorski and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-27 with Law categories.
In numerous jurisdictions, courts have realized that injunctive relief should not be available automatically in case of patent infringement. Particularly in the wake of the US Supreme Court decision in eBay v. MercExchange, it has become clear that granting an injunction may in some cases enable abuse by patent holders in order to obtain royalties exceeding significantly the value of patent-protected invention or that it may be manifestly against the public interest. This book offers a comparative study of the approaches towards injunctive relief taken by a number of leading jurisdictions, including the United States, the European Union (EU), selected EU Member States (Germany, France, The Netherlands, Belgium, the United Kingdom and Poland), and China, India, Japan and South Korea. Responding to the growing need to provide a comprehensive and flexible framework for the application of injunctive relief, twelve patent law experts, both academics and well-known practitioners familiar with practice in their particular jurisdictions, offer analyses of such elements of patent law injunctions as the following: • access to standard-essential patents; • operations of patent assertion entities; • trolls and patent privateers; • equitable nature of injunctive relief as a source of flexibility; • abuse of right and competition law defences to injunctive relief as sources of flexibility; • analysis of EU instruments that could be used in the interpretation of Member State implementing laws; • conditions for the application of tools such as equity, competition law or general doctrines such as abuse of rights; • circumstances when injunctions should be denied to patentees even though a valid patent was infringed; • complex products cases where patents protect minor parts of the technologies; and • deficiencies and advantages of various approaches to injunctive relief. A proposal for an optimal model of granting injunctions is also included. Given that there is a growing consensus as to the circumstances when injunctions should be available to the patentees and the circumstances when injunctions should be denied, a comprehensive analysis of the various legal doctrines that justify a more flexible approach towards injunctive relief is warranted. This book will give patent law practitioners and in-house counsel the opportunity to draw from the experience of other jurisdictions where courts faced similar problems. Policymakers, patent office officials, academics and researchers in intellectual property law will also welcome this approach.
Comparative Patent Remedies
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Author : Prof. Thomas F. Cotter
language : en
Publisher: Oxford University Press
Release Date : 2013-01-28
Comparative Patent Remedies written by Prof. Thomas F. Cotter and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-28 with Law categories.
Nations throughout the world receive more patent applications, grant more patents, and entertain more patent infringement lawsuits than ever before. To understand the contemporary patent system, it is crucial to become familiar with how courts and other actors in different countries enable patent owners to enforce their rights. This is increasingly important, not only for firms that seek to market their products worldwide and for the lawyers who provide them with counsel, but also for scholars and policymakers working to develop better policies for promoting the innovation that drives long-term economic growth. Comparative Patent Remedies provides a critical and comparative analysis of patent enforcement in the United States and other major patent systems, including the European Union, Japan, Canada, Australia, China, South Korea, Taiwan, and India. Thomas Cotter shows how different countries respond to similar issues, and suggests how economic analysis can assist in adapting current practice to the needs of the modern world. Among the topics addressed are: how courts in various nations award monetary compensation for patent infringement, including lost profits, infringer's profits, and reasonable royalties; the conditions under which patent owners may obtain preliminary and permanent injunctions, including cross-border injunctions in the European Union; the availability of various options for potential defendants to challenge patent validity; and other matters, such as the availability of criminal enforcement and border measures to exclude infringing goods.
Patent Remedies And Complex Products
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Author : C. Bradford Biddle
language : en
Publisher: Cambridge University Press
Release Date : 2019-06-27
Patent Remedies And Complex Products written by C. Bradford Biddle and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-27 with Business & Economics categories.
Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
Patent Remedies
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Author : C. Sri Krishna
language : en
Publisher:
Release Date : 2008
Patent Remedies written by C. Sri Krishna and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Patent infringement categories.
inventor. A patent right is said to be infringed when a personor a firm produce, sell or distributes the patented productwithout any license or authorization from an inventor.The increase in patenting activities in many countrieshas led to the rise in disputes with respect to the claimsconstruction, infringement, prosecution, and licensing androyalty payments. The aggrieved party in any patent disputeapproaches the Court to protect their patent rights againstinfringement. The Court awards injunctive or monetarydamages or both as a relief to the affected party in the suit depending upon thefacts and circumstances. The four important factors that are being considered bythe Courts while granting injunction includes irreparable harm to the patentee,inadequacy of remedy at law, balance of hardship between plaintiff and defendantand public interest. The extend of damages can be determined with the help ofvarious factors like value of invention, owners costs, owners loss of income, market share, brand value prevailing market rates, etc. which inturn forms the basisfor award of injunction or compensatory relief. This book captures some researchcontributions of imminent legal scholars in the area of patent remedies and factorsthat forms the basis for the award of injunction or damages.
Injunctions In Patent Law
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Author : Jorge L. Contreras
language : en
Publisher: Cambridge University Press
Release Date : 2022-05-12
Injunctions In Patent Law written by Jorge L. Contreras and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-12 with Law categories.
Explains how the tailoring of injunctions in patent law works in Europe, the United States, Canada, and Israel.
Intellectual Property
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Author : Roger D. Blair
language : en
Publisher: Cambridge University Press
Release Date : 2005-05-02
Intellectual Property written by Roger D. Blair and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-05-02 with Business & Economics categories.
Intellectual property refers to exclusive rights in, among other things, inventions (patents), works of authorship (copyright), and source-identifying symbols (trademarks). Intellectual property law is generally viewed as a means for inducing the optimal supply of inventions, works, and symbols. Economics provides some useful tools for determining whether the legal rules at issue are more or less likely to achieve this goal. This book in particular addresses the law and economics of a variety of topics that have been underanalyzed in the existing literature, including remedies such as injunctions and damages, the relevance of the defendant's mental state, and matters relating to the enforcement of intellectual property rights in court proceedings.
Patent Law In Global Perspective
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Author : Ruth L. Okediji
language : en
Publisher: Oxford University Press, USA
Release Date : 2014
Patent Law In Global Perspective written by Ruth L. Okediji and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
"This text addresses critical and timely questions in patent law from a truly global perspective, with contributions from leading patent law scholars from various countries and various disciplines. The rich scholarship featured reflects on a wide range of perspectives, offering insights and new approaches to evaluating key institutional, economic, doctrinal, and practical issues that are at the forefront of efforts to reform the global patent system, and to reconfigure geo-political interests in on-going multilateral, trilateral, and bilateral initiatives".--
Research Handbook On The Economics Of Intellectual Property Law
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Author : Ben Depoorter
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019
Research Handbook On The Economics Of Intellectual Property Law written by Ben Depoorter and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it.