Marketa Trimble

Global Patents (eBook, PDF)

Limits of Transnational Enforcement

• Format: PDF

Produktbeschreibung

Global Patents: Limits of Transnational Enforcement explains why a "global patent" does not exist. It identifies the barriers to its creation from both historical and current perspectives, and discusses the difficulties that arise as inventors, investors, and businesses strive to protect their inventions in the widest territory possible. The author analyzes the options available to patent holders, and explains how a country's patent law may be used to stop or limit the exploitation of an invention patented in that country, and even in other countries where the invention is not patented.

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Produktdetails

• Verlag: Oxford University Press
• Erscheinungstermin: 14. Februar 2012
• Englisch
• ISBN-13: 9780199923182
• Artikelnr.: 40175013

Autorenporträt

Marketa Trimble is an associate professor at the William S. Boyd School of Law at the University of Nevada Las Vegas. Previously, she studied at Stanford Law School, where she received her second doctoral degree. In her research, she focuses on intellectual property and issues at the intersection of intellectual property and private international law/conflict of laws. Professor Trimble has conducted comparative and empirical work in her areas of interest using her extensive research experience from law schools in the U.S. and Europe, her expertise from the European Union and European governments, and her foreign language abilities.

Inhaltsangabe

* Preface
* Introduction
* Chapter 1: Global Protection for Inventions
* 1.1 The Territorial Limitations of Patent Protection
* 1.2 A World Patent
* 1.3 Parallel Patents
* 1.3.1 Obtaining a Patent Abroad
* 1.3.2 Obtaining Patents in Multiple Countries
* 1.4 Obstacles to Global Protection
* Chapter 2: Enforcing Parallel Patents
* 2.1 Private International Law Solutions to the Problem of Enforcement
of Parallel Patents
* 2.1.1 The Brussels Regime
* 2.1.2 Mitigating the Problems Created By the Brussels Regime
* 2.1.3 The Hague Convention
* 2.1.4 The ALI Principles
* 2.1.5 The CLIP Principles
* 2.1.6 Obstacles to Implementation of Private International Law
Solutions
* 2.1.6.1 Foreign Patents in U.S. Courts
* 2.1.6.2 Foreign Patents in German Courts
* 2.2 Institutional Solutions to the Problem of Enforcement of Parallel
Patents
* 2.3 Obstacles to the Enforcement of Parallel Patents
* Chapter 3: Protecting an Invention outside the Protecting Country
* 3.1 Inventions in the Means of Transportation
* 3.2 Inventions in Transit and Border Measures
* 3.3 Offers to Sell
* 3.4 Inventions Assembled Abroad from Components from a Protecting
Country
* 3.5 Acts Abroad Contributing to Infringements in the Protecting
Country
* 3.6 Acts in Multiple Locations
* 3.7 Limits on the Protection of an Invention outside the Protecting
Country
* Chapter 4: Limits of Protection under the Law of the Protecting
Country
* 4.1 Foreign Parties before U.S. Courts ? A Quantitative View of the
Enforcement Problem
* 4.1.1 Patent Cases Filed in 2004 and 2009
* 4.1.2 Cases Involving Foreign Parties
* 4.1.3 Cases Involving at Least One Foreign Defendant and Cases with
Only Foreign Defendants
* 4.1.4 Some Observations about the Data on the Involvement of Foreign
Defendants in Patent Litigation in 2004 and 2009
* 4.2 Injunctions
* 4.2.1 Cross-Border Injunctions in U.S. Courts
* 4.2.2 Cross-Border Injunctions in Europe
* 4.2.3 Challenges to Enforcement of Injunctions Abroad
* 4.2.3.1 Enforcement of an Injunction
* 4.2.3.2 Enforcement of a Contempt Order
* 4.3 Monetary Relief
* 4.3.1 Punitive Damages
* 4.3.2 Ongoing Royalties
* 4.4 Additional Requirements of Recognition and Enforcement
* 4.5 Obstacles to Enforcement Abroad
* Conclusions
* Bibliography
* Table of Cases
* Index