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Author: Jorge L. Contreras
Publisher: Cambridge University Press
ISBN: 1108835619
Category : Law
Languages : en
Pages : 363
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Book Description
Explains how the tailoring of injunctions in patent law works in Europe, the United States, Canada, and Israel.
Author: Jorge L. Contreras
Publisher: Cambridge University Press
ISBN: 1108835619
Category : Law
Languages : en
Pages : 363
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Book Description
Explains how the tailoring of injunctions in patent law works in Europe, the United States, Canada, and Israel.
Author: C. Bradford Biddle
Publisher: Cambridge University Press
ISBN: 1108426751
Category : Business & Economics
Languages : en
Pages : 379
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Book Description
Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
Author: Arthur von Martels
Publisher: Europäische Hochschulschriften Recht
ISBN: 9783631786987
Category : Injunctions
Languages : en
Pages : 0
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Book Description
This academic work looks into various approaches for deciding on the grant of preliminary injunctions in patent litigation. An assessment is made of (judicial) practices that have been developed in national jurisdictions, Legal theory and Law and Economics. The lessons learned here can be of relevance for the future Unified Patent Court.
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309293154
Category : Political Science
Languages : en
Pages : 181
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Book Description
Patent Challenges for Standard-Setting in the Global Economy: Lessons from Information and Communication Technology examines how leading national and multinational standard-setting organizations (SSOs) address patent disclosures, licensing terms, transfers of patent ownership, and other issues that arise in connection with developing technical standards for consumer and other microelectronic products, associated software and components, and communications networks including the Internet. Attempting to balance the interests of patent holders, other participants in standard-setting, standards implementers, and consumers, the report calls on SSOs to develop more explicit policies to avoid patent holdup and royalty-stacking, ensure that licensing commitments carry over to new owners of the patents incorporated in standards, and limit injunctions for infringement of patents with those licensing commitments. The report recommends government measures to increase the transparency of patent ownership and use of standards information to improve patent quality and to reduce conflicts of laws across countries.
Author: Xavier Seuba
Publisher: Cambridge University Press
ISBN: 1108247954
Category : Law
Languages : en
Pages : 497
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Book Description
In The Global Regime for the Enforcement of Intellectual Property Rights, Xavier Seuba offers a comprehensive description of the international norms and bodies dealing with the enforcement of intellectual property rights. The book analyzes multilateral, plurilateral, and bilateral treaties, and their national implementation, along with civil, border, and criminal enforcement. The book also explores the interface between the enforcement of intellectual property rights and the norms regulating international trade, competition, and human rights, as well as the conceptual and systemic aspects of enforcement, while illustrating the importance of these rights with examples in litigation. The book should be read by anyone interested in how intellectual property rights are being enforced around the world, and how these efforts relate to other legal regimes.
Author: Rafał Sikorski
Publisher: Kluwer Law International B.V.
ISBN: 9041194584
Category : Law
Languages : en
Pages : 304
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Book Description
In numerous jurisdictions, courts have realized that injunctive relief should not be available automatically in case of patent infringement. Particularly in the wake of the US Supreme Court decision in eBay v. MercExchange, it has become clear that granting an injunction may in some cases enable abuse by patent holders in order to obtain royalties exceeding significantly the value of patent-protected invention or that it may be manifestly against the public interest. This book offers a comparative study of the approaches towards injunctive relief taken by a number of leading jurisdictions, including the United States, the European Union (EU), selected EU Member States (Germany, France, The Netherlands, Belgium, the United Kingdom and Poland), and China, India, Japan and South Korea. Responding to the growing need to provide a comprehensive and flexible framework for the application of injunctive relief, twelve patent law experts, both academics and well-known practitioners familiar with practice in their particular jurisdictions, offer analyses of such elements of patent law injunctions as the following: • access to standard-essential patents; • operations of patent assertion entities; • trolls and patent privateers; • equitable nature of injunctive relief as a source of flexibility; • abuse of right and competition law defences to injunctive relief as sources of flexibility; • analysis of EU instruments that could be used in the interpretation of Member State implementing laws; • conditions for the application of tools such as equity, competition law or general doctrines such as abuse of rights; • circumstances when injunctions should be denied to patentees even though a valid patent was infringed; • complex products cases where patents protect minor parts of the technologies; and • deficiencies and advantages of various approaches to injunctive relief. A proposal for an optimal model of granting injunctions is also included. Given that there is a growing consensus as to the circumstances when injunctions should be available to the patentees and the circumstances when injunctions should be denied, a comprehensive analysis of the various legal doctrines that justify a more flexible approach towards injunctive relief is warranted. This book will give patent law practitioners and in-house counsel the opportunity to draw from the experience of other jurisdictions where courts faced similar problems. Policymakers, patent office officials, academics and researchers in intellectual property law will also welcome this approach.
Author: Martin Husovec
Publisher: Cambridge University Press
ISBN: 1108244467
Category : Law
Languages : en
Pages : 296
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Book Description
In the European Union, courts have been expanding the enforcement of intellectual property rights by employing injunctions to compel intermediaries to provide assistance, despite no allegation of wrongdoing against these parties. These prospective injunctions, designed to prevent future harm, thus hold parties accountable where no liability exists. Effectively a new type of regulatory tool, these injunctions are distinct from the conventional secondary liability in tort. At present, they can be observed in orders to compel website blocking, content filtering, or disconnection, but going forward, their use is potentially unlimited. This book outlines the paradigmatic shift this entails for the future of the Internet and analyzes the associated legal and economic opportunities and problems.
Author: Jorge L. Contreras
Publisher: Cambridge University Press
ISBN: 1108548407
Category : Law
Languages : en
Pages : 532
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Book Description
Technical standards are ubiquitous in the modern networked economy. They allow products made and sold by different vendors to interoperate with little to no consumer effort and enable new market entrants to innovate on top of established technology platforms. This groundbreaking volume, edited by Jorge L. Contreras, assesses and analyzes the legal aspects of technical standards and standardization. Bringing together more than thirty leading international scholars, advocates, and policymakers, it focuses on two of the most contentious and critical areas pertaining to standards today in key jurisdictions around the world: antitrust/competition law and patent law. (A subsequent volume will focus on international trade, copyright, and administrative law.) This comprehensive, detailed examination sheds new light on the standards that shape the global technology marketplace and will serve as an indispensable tool for scholars, practitioners, judges, and policymakers everywhere.
Author: James Yang
Publisher:
ISBN: 9780999460108
Category :
Languages : en
Pages : 266
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Book Description
Attention: Inventors and startups! Is the patent system confusing to you? Navigating the Patent System will give you more clarity regarding your potential next steps and increase your confidence as you make your patenting decisions. 7 Core Patent Concepts, Drafting the Patent Application and FAQs during patent process are explained.
Author: Herbert F. Schwartz
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 132
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Book Description
