Author : Toshiko Takenaka
Publisher :
Page : 523 pages
File Size : 46,42 MB
Release : 2015
Category :
ISBN : 9780191668456
A wide-ranging and comparative analysis of patent law enforcement in the United States, Germany, and Japan.
Author : Toshiko Takenaka
Publisher :
Page : 0 pages
File Size : 47,4 MB
Release : 2015
Category : Law
ISBN : 9780199679201
The United States, Germany, and Japan constitute the three most significant patent systems, but there is considerable variation in procedure and jurisprudence between them. A comparison of these systems for patent enforcement can illuminate historical pathways and contemporary conduits to address contemporary challenges and encourage the adoption of new legal ideas. This book provides a comprehensive guide to the extent of patent protection, validity challenges, enforcement procedures, and infringement remedies in these three major jurisdictions. By examining the major provisions of patent statutes and court decisions in these markets, it explores fundamental patent theories and principles, evaluates current systems, and proposes best practice for patent enforcement in developed, emerging, and frontier markets. Comparative analysis and historical jurisprudence of the three core paradigms in patent enforcement will to help readers to develop a more nuanced understanding of current systems and how a legal innovation in one jurisdiction is adopted in others. Authored by a team of academics and experienced patent practitioners, it provides invaluable first-hand experience and insightful discussion of patent jurisprudence that will be of great interest to academics, policy-makers and practitioners alike.
Author : Johann Pitz
Publisher :
Page : 207 pages
File Size : 16,13 MB
Release : 2014-12
Category :
ISBN : 9783406650758
Présentation de l'éditeur : "This book gives a systematic comparative overview of the characteristic principles of patent enforcement proceedings in the US, Japan and Germany, ie the major jurisdictions where patent holders might seek for legal remedies in parallel proceedings. Content overview : survey matter of infringement ; claims of the patent holder and objections of the infringer ; pre-procedural measures ; infringement proceedings ; procedural principles."
Author : Johannes Pitz
Publisher : Beck/Hart
Page : 250 pages
File Size : 20,50 MB
Release : 2015-01-15
Category : Law
ISBN : 9781849461955
This book gives a systematic comparative overview of the characteristic principles of patent enforcement proceedings in the US, Japan and Germany, ie the major jurisdictions where patent holders might seek for legal remedies in parallel proceedings. Content overview: – survey matter of infringement; – claims of the patent holder and objections of the infringer; – pre-procedural measures; – infringement proceedings; – procedural principles.
Author : Johannes Pitz
Publisher : Beck/Hart/Nomos
Page : 0 pages
File Size : 50,59 MB
Release : 2022-06-02
Category : Law
ISBN : 1509960864
This new edition provides up-to-date information on recent case law and legislative reforms by three experienced legal practitioners in the field.
Author : Bernd Hansen
Publisher : Kluwer Law International B.V.
Page : 842 pages
File Size : 11,52 MB
Release : 2011-07-26
Category : Law
ISBN : 9041142789
More than 60 authors – supreme and high court judges, law professors, legal specialists in corporate and private practice – from Europe, East Asia, and the United States contribute original essays to this excellent compilation of the current issues regarding the laws and practices in intellectual property in Europe and Japan. The articles cover a broad spectrum of subjects, including the procedural implications of litigation, international jurisdiction, doctrines of exhaustion, utility model systems and practice, and employed inventor’s compensation, as well as the special aspects of pharmaceutical patenting such as obtaining supplementary protection certificates. Many of the articles also include a comparative analysis of the laws and practices in both geographical regions or deal with the same legal issues but in different jurisdictions, for instance: the reform of the Japanese judicial system to establish an IP-based nation; the role of patent firms in the economic development of Japan; disclosure requirements in Japan: a judge's view; I.P. High Court decisions on inventive step; international jurisdiction in Japan, Europe and the United States; patent infringement by multiple parties in Japan; patent exhaustion in Japan; corporate remuneration systems for employees' inventions in Japan and Germany; the present and future of Japan's utility model system; notable differences between Korean and German patent infringement and invalidation practices; fifteen years of the Eurasian Patent System; the future European and EU Patents Court; opposition proceedings at the EPO: tips for success; the interaction between infringement and invalidity decisions in German patent disputes; protection of confidential information in patent litigation in the UK and Germany; interpretation and determination of the scope of patents by the French Courts; provocative thoughts on the patenting of new pharmaceuticals; Obama Care: implications for research pharmaceutical companies; and many others.
Author : Christopher Heath
Publisher : Bloomsbury Publishing
Page : 528 pages
File Size : 22,9 MB
Release : 2005-02-25
Category : Law
ISBN : 1847312551
Patent infringement procedures are an instrument whereby the patentee defends his protected invention against unlawful use by a third party (the alleged infringer). The difficulty is that the patent is no solid object whose damage can be easily detected; it belongs to that group of rights whose infringement is not easy to determine. The patent is a right described by words, and those words, written into a claim, are so complicated that laymen and lawyers alike fail to understand them. This is the special feature which distinguishes the patent right. This book consists of a series of country reports in which expert patent attorneys describe the patent infringement procedures in their jurisdiction. Since the first edition of this book was published in 2000, developments in the field of patent enforcement have been significant and required a major rewriting of all the seven original contributions (the UK, Germany, France, the Netherlands, Italy, Japan and the US): more than 100 decisions have been added. For the second edition, another eight countries have been included: three from Eastern Europe (Poland, the Czech Republic and Hungary), two from Asia (China and Korea), two from Latin America (Argentina and Brazil), and one from Europe (Switzerland) and there is a new chapter by Dieter Stauder on European issues of patent enforcement: cross-border litigation, cross-border assistance in obtaining evidence, and the new European Enforcement Directive.
Author : Christopher Heath
Publisher :
Page : 28 pages
File Size : 27,81 MB
Release : 1998
Category : America
ISBN :
Author : Alexander Harguth
Publisher :
Page : 0 pages
File Size : 21,6 MB
Release : 2011
Category : Patent laws and legislation
ISBN : 9789041131645
Germanyand’s patent system presents unique opportunities and risks for companies doing business abroad. It is one of the worldand’s top jurisdictions for patent enforcement because of the size of the German market, the speed and cost of the proceedings, the expertise and reputation of the judges, and its advantageous and“split systemand” that resolves infringement separately from validity challenges. Either as a stand-alone enforcement venue, or as part of a global IP strategy, Germany should be at the forefront of companiesand’ intellectual property plans. This handbook provides attorneys worldwide both the fundamental framework and practical pointers for navigating Germanyand’s patent system. The book opens with an overview of the judicial system, along with a background on patent prosecution and opposition proceedings in the European Patent Office. The handbook then explains key aspects of patent litigation in Germany, including: Trial procedure; Claim construction; Damages; Nullity (invalidity) proceedings; Discovery; Customs enforcement actions; Employment law regarding inventions; and Budgeting of patent cases. The book also provides forms and legislative materials, including translations (unofficial) of key intellectual property provisions, such as of the German Patent Act, Utility Model Act and the Act on Employeeand’s Inventions. Authored by active patent litigators in Germany and the United States, this handbook explains the German system in the context of U.S. proceedings, and concludes with a comparison of key provisions of the U.S. and German patent systems. For in-house counsel, as well as for seasoned international litigators, this handbook offers valuable lessons for patent procurement, enforcement, and defense.
Author : Christopher Heath
Publisher : Bloomsbury Publishing
Page : 806 pages
File Size : 35,55 MB
Release : 2015-11-19
Category : Law
ISBN : 1782259767
This book features 15 country reports on the patent enforcement practice of the world's most litigated countries in Europe, Asia and the Americas. Litigation strategies for both right owners and alleged infringers are explained against the background of case law on: types of action, standing to sue, jurisdiction, obtaining evidence, provisional and final measures, trial practice, types of infringement, remedies and counterclaims, costs and issues of retrial, threats and wrongful enforcement. Special chapters cover the Trade-Related Aspects of Intellectual Property Agreement provisions on enforcement, enforcement issues in the European Community, international cross-border litigation and border measures. The reports are written by patent practitioners or academic experts in the field, and the homogenous structure of the country reports allows for an easy identification of best practices and strategic considerations on the choice of jurisdiction.
