On the other hand, the application of the current jurisdictional framework to international patent infringement disputes leads to significant difficulties such as the pre-emptive effect of proceedings pending abroad or the jurisdictional consequences of a patent validity challenge. At the choice of law stage, this book provides a comparative overview of the rather unexplored issues arising in multinational patent enforcement. De lege feranda, it seems that, in view of the territorial nature of patents, a distributive application of the law of the protecting State (lex loci protectionis)…mehr
On the other hand, the application of the current jurisdictional framework to international patent infringement disputes leads to significant difficulties such as the pre-emptive effect of proceedings pending abroad or the jurisdictional consequences of a patent validity challenge. At the choice of law stage, this book provides a comparative overview of the rather unexplored issues arising in multinational patent enforcement. De lege feranda, it seems that, in view of the territorial nature of patents, a distributive application of the law of the protecting State (lex loci protectionis) appears to be the most consistent choice of law rule.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.Hinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.
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).
Inhaltsangabe
* Part I: Introduction * The Internationalisation of Patent Law * The Supranationalisation of Patent Law * Purpose and Structure of the Work * Part II: Extraterritorial jurisdiction * Introduction * Foundations of Jurisdiction Rules Applicable to Patent Disputes * The Current Vehicles Towards Extraterritorial Jurisdiction * Part III: Cross-border Patent Enforcement Strategies * Introduction * Cross-border Litigation at the Defendant's Domicile * Cross-border Litigation at the Place of the Infringement * Preliminary and Interlocutory Cross-border Litigation * Part IV: Opposition to Cross-border Patent Infringement Actions * Introduction * Challenging the Validity of a Patent * Declaration of Non-infringement * Challenging the Enforcement of Foreign Cross-border Decisions * Part V: Selecting the Governing Law * Introduction * The Construction of Conflict of Law Rules Applicable to Patent Infringement Cases * Sources of Conflict of Law Rules * Comparative Overview of Choice of Law Rules Applicable to Patent Infringement Disputes * Case Study: Which Law Applies to Patent Disputes Brought Before the Belgian Courts ? * Concluding Remarks * Part VI: General Conclusions * The Necessity of Cross-border Patent Enforcement * The Availability of Cross-border Patent Enforcement * The Unpredictability of Cross-border Patent Enforcement * Bibliography
* Part I: Introduction * The Internationalisation of Patent Law * The Supranationalisation of Patent Law * Purpose and Structure of the Work * Part II: Extraterritorial jurisdiction * Introduction * Foundations of Jurisdiction Rules Applicable to Patent Disputes * The Current Vehicles Towards Extraterritorial Jurisdiction * Part III: Cross-border Patent Enforcement Strategies * Introduction * Cross-border Litigation at the Defendant's Domicile * Cross-border Litigation at the Place of the Infringement * Preliminary and Interlocutory Cross-border Litigation * Part IV: Opposition to Cross-border Patent Infringement Actions * Introduction * Challenging the Validity of a Patent * Declaration of Non-infringement * Challenging the Enforcement of Foreign Cross-border Decisions * Part V: Selecting the Governing Law * Introduction * The Construction of Conflict of Law Rules Applicable to Patent Infringement Cases * Sources of Conflict of Law Rules * Comparative Overview of Choice of Law Rules Applicable to Patent Infringement Disputes * Case Study: Which Law Applies to Patent Disputes Brought Before the Belgian Courts ? * Concluding Remarks * Part VI: General Conclusions * The Necessity of Cross-border Patent Enforcement * The Availability of Cross-border Patent Enforcement * The Unpredictability of Cross-border Patent Enforcement * Bibliography
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