Patent Infringement In The European Community
DOWNLOAD
Download Patent Infringement In The European Community PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Patent Infringement In The European Community book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Patent Infringement In The European Community
DOWNLOAD
Author : Amiram Benyamini
language : en
Publisher: John Wiley & Son Limited
Release Date : 1993-01-01
Patent Infringement In The European Community written by Amiram Benyamini and has been published by John Wiley & Son Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-01-01 with Law categories.
Intellectual Property Law In The European Community
DOWNLOAD
Author : Angus Phang
language : en
Publisher: WorldTrade Executive, Inc.
Release Date : 2004
Intellectual Property Law In The European Community written by Angus Phang and has been published by WorldTrade Executive, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Business & Economics categories.
This report, which includes contributions from 24 leading intellectual property attorneys throughout Europe, covers the fundamentals of intellectual property protection law and practice in each of the member countries of the European Community. (Legal Reference/Law Profession)
European Patent Law
DOWNLOAD
Author : Stefan Luginbuehl
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01
European Patent Law written by Stefan Luginbuehl 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 2011-01-01 with Law categories.
The book is explaining in detail the current discussion regarding the unification of European patent law. It explains the current national legal practices in Europe, describing the legal and factual issues and the different approaches to achieve unification. The book manages to show the complex situation and the different opinions from the beginning of the discussion in a clear and comprehensive manner without requiring previous knowledge of the reader and is therefore to be recommended for everyone interested. Jochen Pagenberg, LL.M. Harvard, President EPLAW, Germany and Thomas Schachl, LL.M., Attorney-at-law, Germany In his detailed study, Stefan Luginbuehl critically examines the latest efforts to establish a common European and EU patent litigation system and suggests possible alternatives to such a system. Due to the lack of a European patent court, both the EPO and national judges interpret European patents and European patent law. This results in diverging interpretation across Europe and costly litigation for patent holders. Stefan Luginbuehl s proposals to promote the goal of a uniform interpretation of patent law and ease the difficulties are timely and highly insightful. Dealing with important legal and political issues related to European patent litigation and the establishment of a common patent litigation system, this book will appeal to practitioners, patent litigators, patent attorneys and judges specialised in patent litigation. Academics teaching and learning IP (patent law), private international law, or international civil procedure, will find this study interesting as the book deals with important aspects of national and international patent litigation, as well as procedural and structural questions related to the establishment of a patent court for Europe.
Cross Border Patent Infringement Litigation Within The European Union
DOWNLOAD
Author :
language : en
Publisher:
Release Date : 2015
Cross Border Patent Infringement Litigation Within The European Union written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
European Patent Litigation In The Shadow Of The Unified Patent Court
DOWNLOAD
Author : Luke McDonagh
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-07-27
European Patent Litigation In The Shadow Of The Unified Patent Court written by Luke McDonagh 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 2016-07-27 with Law categories.
With the introduction of the Unified Patent Court (UPC) and the new European Patent with Unitary Effect, the European patent litigation system is undergoing a set of fundamental reforms. This timely book assesses the current state of European patent litigation by analysing recently published data on Europe's four major patent jurisdictions - the UK, Germany, France and the Netherlands - and also looks ahead to examine what the impact of the UPC is likely to be on Europe's patent litigation system in the near future.
Cross Border Patent Infringement Litigation Within The European Union
DOWNLOAD
Author : Michael Christian Alexander Kant
language : en
Publisher:
Release Date : 2015
Cross Border Patent Infringement Litigation Within The European Union written by Michael Christian Alexander Kant and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Conflict of laws categories.
Down With The Patent Lobby Or How The European Patent Office Has Mutated To Controlling Engine Of The European Economy
DOWNLOAD
Author : Jürgen Augstein
language : en
Publisher: GRIN Verlag
Release Date : 2008-06-25
Down With The Patent Lobby Or How The European Patent Office Has Mutated To Controlling Engine Of The European Economy written by Jürgen Augstein and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-25 with Law categories.
Diploma Thesis from the year 2008 in the subject Law - European and International Law, Intellectual Properties, grade: 1, University of Linz (Institute of European Law ), language: English, abstract: The patent law is based on intellectual property rights. The groundwork for this was laid in 1883 by the Paris Convention for the Protection of Industrial Property1. The international treaty allows for regional treaties, such as the Patent Cooperation Treaty (PCT) and the Agreement of the Trade-Relative Aspects of Intellectual Property Rights (TRIPs) of the WTO the European Patent Convention (EPC). These are all treaties devolving from the Paris Convention. The EPC covers Europe (in the broadest sense) (cf. Art. 45 PCT). The European Community (EC) is an entity, by international law (cf. Art. 281 EC) and may represent its constituent states in the concerns of the WIPO and WTO. The community has to respect International treaties such as the Paris Convention and many procedures and measures of the EC respond to those treaties. In this thesis only the EPC will be discussed. The EPC created a uniform body of substantive patent law for patents in Europe. It established a single European procedure for the grant of patents. A European patent is worth its fee, because the owner of the patent can use it to economic advantage. The EPC also laid the groundwork for the introduction of a Community Patent by the EC Council. The initial concept of a Community Patent was first discussed in 1960. The last attempt to finalize the Community Patent was made in 2007.
The Eu Patent Package Handbook
DOWNLOAD
Author : Hoffmann · Eitle
language : en
Publisher: Hoffmann · Eitle
Release Date :
The Eu Patent Package Handbook written by Hoffmann · Eitle and has been published by Hoffmann · Eitle this book supported file pdf, txt, epub, kindle and other format this book has been release on with Law categories.
A new patent right for Europe (the European Patent with Unitary Effect) and a new European enforcement and invalidation regime (the Unified Patent Court) are expected to come into operation soon, potentially as early as 2015. Existing patents granted by the European Patent Office (EPO), as well as those granted in the future, will automatically come under the jurisdiction of the new Court, unless opt-out rights are exercised. These measures represent one of the most complex and ambitious legal reforms in the field of European intellectual property since the creation of the EPO in 1977. For applicants and proprietors used to the current European system of national patents and national courts, the new system will present both opportunities and challenges in developing, maintaining and leveraging a cost-effective patent portfolio. For manufacturers, distributors and end-users, the new system will subject their activities to the jurisdiction of a new court, with unique and possibly unfamiliar powers and procedures. Decisions must therefore be made as to how best to take advantage of the possibilities afforded by the new system. Applicants and proprietors are already asking themselves questions such as: Should I start to register European patents as European Patents with Unitary Effect when they become available, or should I continue with national validation? For which European patents and applications should I make use of the opt-out to keep litigation in the national courts? Should I consider reverting to national filings instead of using the EPO? How will the new Unified Patent Court be structured, and how will it work? What choices will I have in future as to where to litigate – should I choose a national court or the UPC to enforce or invalidate a European patent? This Handbook provides both guidance for the strategic decisions which will have to be taken and a detailed reference manual to the law and practice of the new system.
Patent Settlements In The Pharmaceutical Industry Under Us Antitrust And Eu Competition Law
DOWNLOAD
Author : Amalia Athanasiadou
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-08-14
Patent Settlements In The Pharmaceutical Industry Under Us Antitrust And Eu Competition Law written by Amalia Athanasiadou 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 2018-08-14 with Law categories.
Reverse payment settlements or “pay-for-delay agreements” between originators and generic drug manufacturers create heated debates regarding the balance between competition and intellectual property law. These settlements touch upon sensitive issues such as timely generic entry and access to affordable pharmaceuticals and also the need to preserve innovation incentives for originators and to strengthen the pipeline of life-saving pharmaceuticals. This book is one of the first to critically and comparatively analyse how such patent settlements and various other strategies employed by the pharmaceutical industry are scrutinised by both United States (US) and European courts and enforcement authorities, and to discuss the applicable legal tests and the main criteria used for their assessment. The book’s ultimate objective is to provide guidance to the pharmaceutical industry regarding the types of patent settlements, strategies and conduct which may be problematic from US antitrust and European Union (EU) competition law perspectives and to assist practitioners in structuring settlements which are both efficient and compliant. To this end, an exhaustive legal analysis of some of the most controversial issues regarding pharmaceutical patent settlements is provided, including: – the lengthy split among US Circuit Courts on the issue of pay-for-delay settlements, its resolution by the US Supreme Court in FTC v. Actavisand subsequent jurisprudence; – the decision of Lundbeck v. Commissionby the European General Court and the Servier decision of the European Commission; – the Roche/Novartisdecision of the European Court of Justice and the most important decisions by National Competition Authorities on pharma patent settlements in the EU; – an overview of other types of strategies such as product-hopping and product reformulations, no-authorised generic commitments, problematic side-deals, mechanisms affecting generic substitution; – the rejection of the “scope of the patent” test in both the US and the EU and the balancing of patent law and antitrust law considerations in the prevailing applicable tests; – the benefits of settlements and the main criteria for assessing their legitimacy under US antitrust and EU competition law. The analysis provides concrete examples of both illegitimate and legitimate settlements and strategies, emphasising on conduct that falls within a grey zone and on the circumstances and criteria under which such conduct could be deemed problematic from an antitrust perspective. This book will serve as a valuable guide for pharmaceutical companies wishing to minimise the risk of engaging in conduct that could potentially infringe US antitrust and EU competition law. It further aims to save courts and enforcement agencies and also practitioners and academics considerable time and resources by providing an exhaustive analysis of the relevant caselaw, with the ultimate goal to increase legal certainty on the most controversial aspects of patent settlements in the pharmaceutical industry.
The Unitary Eu Patent System
DOWNLOAD
Author : Justine Pila
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-03-26
The Unitary Eu Patent System written by Justine Pila and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-26 with Law categories.
The purpose of this book is to explore the key substantive, methodological, and institutional issues raised by the proposed unitary EU patent system contained in EU Regulations 1257/2012 and 1260/2012 and the Unified Patent Court Agreement 2013. The originality of this work lies in its individual contributions and uniquely broad approach, taking six different (historical, constitutional, international, competition, institutional and forward-looking) perspectives on the proposed patent system. This means that the book offers a multi-authored and all round legal appraisal of the proposed unitary system from experts in patent law, EU constitutional law, private international law, and competition law, as well as leading figures from the worlds of legal practice, the bench, and the European Patent Office. The unitary patent system raises issues of foundational importance in the fields of patent and intellectual property law, EU law and legal harmonization, which it is the purpose of the book to engage with. This is a work which will enjoy wide and enduring interest among academics, policy makers and decision makers/practitioners working in patent law, intellectual property law, legal harmonization, and EU law.