European Patent Law : The Unified Patent Court and the European Patent Convention /
European Patent Law : The Unified Patent Court and the European Patent Convention /
ed. by Duncan Matthews, Paul Torremans.
- 1 online resource (XXXII, 558 p.)
- De Gruyter Handbuch .
Frontmatter -- Foreword -- Preface -- Table of contents -- List of contributors -- Introduction -- Part 1: The existing system: the EPC -- 1 The role of EPO Boards of Appeal in shaping of patent law in Europe -- 2 The interaction between the UPC, national courts, and the EPO Boards of Appeal -- 3 Cross-border patent litigation under the EPC -- 4 Plausibility: a route to stronger and more robust patents? -- 5 Wrongful preliminary injunctions and EU procedural law -- 6 Proportionality and patent injunctions -- Part 2: The European Patent with unitary effect and the Unified Patent Court -- 7 The novelty and inventive step requirement in Europe and under the UPP -- 8 Exceptions and limitations (27 UPCA) -- 9 Patent Arbitration under the Agreement on a Unified Patent Court -- 10 Supplementary Protection Certificates (Article 30) -- 11 Liability for infringement of EU law -- 12 Regulation 542/2014 on jurisdiction -- 13 Exclusive jurisdiction and competence -- 14 Constitutional aspects of the Unitary Patent Package (UPP) and the Unified Patent Court (UPC) – question marks remain -- 15 Trusting the Unified Patent Court: the importance of the institutional design of the UPC and its judges -- 16 The EPO within the Unitary Patent System -- 17 The role of the Court of Justice of the European Union -- 18 Rules of procedure of the UPC, a judge’s perspective -- 19 The user in the UPC -- 20 Unified Patent Court and international law -- 21 The patent with unitary effect and competition law -- 22 A system fit for innovation? Part I: (Dis-)incentives for potential patentees in the UP legal framework -- 23 A system fit for innovation? Part II: (Dis-)advantages for follow-on inventors in the UP legal framework -- 24 Patent mediation -- 25 Litigation strategies and bifurcation -- 26 Patent litigation strategies in Germany: maneuvering the evolving landscape of bifurcation -- Part 3: Co-existence and alternatives -- 27 The co-existence between EPC and patents with unitary effect -- 28 Institutional coexistence: the necessity of judicial dialogue and cooperation in the UPC -- 29 The role of the CJEU in European patent law from a procedural perspective -- 30 Gene patents in the EPC and the European patent with unitary effect -- 31 Decision-makers, institutional influences and the role of ethical issues in the patenting of biotechnological inventions in Europe: enter the unitary patent system -- 32 The UPC and the FRAND injunction -- Index
restricted access http://purl.org/coar/access_right/c_16ec
This book provides a comprehensive overview of European Patent Law. It presents a critical analysis of the European patent law system and the proposed changes to it. The book explores the strengths and weaknesses of the European Patent Convention, and the interaction between the national and the European level, as well as across borders.
Mode of access: Internet via World Wide Web.
In English.
9783110774016 9783110781717 9783110781687
10.1515/9783110781687 doi
Patent laws and legislation--European Union countries.
European Patent Convention.
Patent Law.
Unified Patent Court.
Unitary Patent.
LAW / Intellectual Property / Trademark.
KJE2725 / .E976 2023
346.240486
Frontmatter -- Foreword -- Preface -- Table of contents -- List of contributors -- Introduction -- Part 1: The existing system: the EPC -- 1 The role of EPO Boards of Appeal in shaping of patent law in Europe -- 2 The interaction between the UPC, national courts, and the EPO Boards of Appeal -- 3 Cross-border patent litigation under the EPC -- 4 Plausibility: a route to stronger and more robust patents? -- 5 Wrongful preliminary injunctions and EU procedural law -- 6 Proportionality and patent injunctions -- Part 2: The European Patent with unitary effect and the Unified Patent Court -- 7 The novelty and inventive step requirement in Europe and under the UPP -- 8 Exceptions and limitations (27 UPCA) -- 9 Patent Arbitration under the Agreement on a Unified Patent Court -- 10 Supplementary Protection Certificates (Article 30) -- 11 Liability for infringement of EU law -- 12 Regulation 542/2014 on jurisdiction -- 13 Exclusive jurisdiction and competence -- 14 Constitutional aspects of the Unitary Patent Package (UPP) and the Unified Patent Court (UPC) – question marks remain -- 15 Trusting the Unified Patent Court: the importance of the institutional design of the UPC and its judges -- 16 The EPO within the Unitary Patent System -- 17 The role of the Court of Justice of the European Union -- 18 Rules of procedure of the UPC, a judge’s perspective -- 19 The user in the UPC -- 20 Unified Patent Court and international law -- 21 The patent with unitary effect and competition law -- 22 A system fit for innovation? Part I: (Dis-)incentives for potential patentees in the UP legal framework -- 23 A system fit for innovation? Part II: (Dis-)advantages for follow-on inventors in the UP legal framework -- 24 Patent mediation -- 25 Litigation strategies and bifurcation -- 26 Patent litigation strategies in Germany: maneuvering the evolving landscape of bifurcation -- Part 3: Co-existence and alternatives -- 27 The co-existence between EPC and patents with unitary effect -- 28 Institutional coexistence: the necessity of judicial dialogue and cooperation in the UPC -- 29 The role of the CJEU in European patent law from a procedural perspective -- 30 Gene patents in the EPC and the European patent with unitary effect -- 31 Decision-makers, institutional influences and the role of ethical issues in the patenting of biotechnological inventions in Europe: enter the unitary patent system -- 32 The UPC and the FRAND injunction -- Index
restricted access http://purl.org/coar/access_right/c_16ec
This book provides a comprehensive overview of European Patent Law. It presents a critical analysis of the European patent law system and the proposed changes to it. The book explores the strengths and weaknesses of the European Patent Convention, and the interaction between the national and the European level, as well as across borders.
Mode of access: Internet via World Wide Web.
In English.
9783110774016 9783110781717 9783110781687
10.1515/9783110781687 doi
Patent laws and legislation--European Union countries.
European Patent Convention.
Patent Law.
Unified Patent Court.
Unitary Patent.
LAW / Intellectual Property / Trademark.
KJE2725 / .E976 2023
346.240486