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A Practitioner's Guide to the Unified Patent Court and Unitary Patent

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Release : 2022-12-01
Genre : Law
Kind : eBook
Book Rating : 220/5 ( reviews)

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Book Synopsis A Practitioner's Guide to the Unified Patent Court and Unitary Patent by : Paul England

Download or read book A Practitioner's Guide to the Unified Patent Court and Unitary Patent written by Paul England. This book was released on 2022-12-01. Available in PDF, EPUB and Kindle. Book excerpt: A Practitioner's Guide to the Unified Patent Court and Unitary Patent provides practical and detailed advice on all aspects of the system for those using it. The book explains how the UPC system works in the context of the wider European patent system, including the UK, and how parties can use it to enforce or revoke European patents and the Unitary Patent, in particular: - The procedures of the UPC from initiating proceedings to appeal, damages and costs hearings; - Rules on competence, substantive law, jurisdiction, language and judges; - The operation of the system alongside the national courts of the contracting countries, the European Patent Office opposition and appeal procedure, and parallel English Patents Court proceedings. The book is written for private practitioners and in-house counsel by a team of patent experts with many years of experience in patent litigation in France, Germany, the Netherlands, and the UK. It provides insights from national approaches to the features above and gives answers to common problems.

A Practitioner's Guide to the Unified Patent Court

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Author :
Release : 2022
Genre : Electronic books
Kind : eBook
Book Rating : 204/5 ( reviews)

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Book Synopsis A Practitioner's Guide to the Unified Patent Court by : Paul England

Download or read book A Practitioner's Guide to the Unified Patent Court written by Paul England. This book was released on 2022. Available in PDF, EPUB and Kindle. Book excerpt: "A Practitioner's Guide to the Unified Patent Court and Unitary Patent provides practical and detailed advice on all aspects of the system for those using it. The book explains how the UPC system works in the context of the wider European patent system, including the UK, and how parties can use it to enforce or revoke European patents and the Unitary Patent, in particular: - The procedures of the UPC from initiating proceedings to appeal, damages and costs hearings; - Rules on competence, substantive law, jurisdiction, language and judges; - The operation of the system alongside the national courts of the contracting countries, the European Patent Office opposition and appeal procedure, and parallel English Patents Court proceedings. The book is written for private practitioners and in-house counsel by a team of patent experts with many years of experience in patent litigation in France, Germany, the Netherlands, and the UK. It provides insights from national approaches to the features above and gives answers to common problems."--

A Practitioner's Guide to European Patent Law

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Author :
Release : 2022-09-08
Genre : Law
Kind : eBook
Book Rating : 655/5 ( reviews)

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Book Synopsis A Practitioner's Guide to European Patent Law by : Paul England

Download or read book A Practitioner's Guide to European Patent Law written by Paul England. This book was released on 2022-09-08. Available in PDF, EPUB and Kindle. Book excerpt: This new edition is a comprehensive and practical guide to European patent law – a 'ius commune'. The book highlights the areas of consistency and difference between the most influential European patent law jurisdictions: the European Patent Office, England and Wales, France, Germany, and the Netherlands. The book also draws insights from further afield, with contributions from other, very active, patent jurisdictions, including Italy, Sweden, Denmark, and Switzerland. Uniquely, the book addresses European patent law by subject matter area, assessing the key national and EPO approaches together rather than nation by nation. Each chapter outlines the common ground between the national approaches and provides a guide for the possible application of European patent law in national courts and the UPC in the future. In addition to featuring content on new countries, the second edition includes new chapters dedicated to the substantive aspects of FRAND, declarations, and evidence. There is also an expanded commentary on construction, including common terms used in patent claims. A must-read for anyone working in the field of European patent law.

The EU Patent Package Handbook

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Release :
Genre : Law
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis The EU Patent Package Handbook by : Hoffmann · Eitle

Download or read book The EU Patent Package Handbook written by Hoffmann · Eitle. This book was released on . Available in PDF, EPUB and Kindle. Book excerpt: A new patent right for Europe (the European Patent with Unitary Effect) and a new European enforcement and invalidation regime (the Unified Patent Court) are expected to come into operation soon, potentially as early as 2015. Existing patents granted by the European Patent Office (EPO), as well as those granted in the future, will automatically come under the jurisdiction of the new Court, unless opt-out rights are exercised. These measures represent one of the most complex and ambitious legal reforms in the field of European intellectual property since the creation of the EPO in 1977. For applicants and proprietors used to the current European system of national patents and national courts, the new system will present both opportunities and challenges in developing, maintaining and leveraging a cost-effective patent portfolio. For manufacturers, distributors and end-users, the new system will subject their activities to the jurisdiction of a new court, with unique and possibly unfamiliar powers and procedures. Decisions must therefore be made as to how best to take advantage of the possibilities afforded by the new system. Applicants and proprietors are already asking themselves questions such as: Should I start to register European patents as European Patents with Unitary Effect when they become available, or should I continue with national validation? For which European patents and applications should I make use of the opt-out to keep litigation in the national courts? Should I consider reverting to national filings instead of using the EPO? How will the new Unified Patent Court be structured, and how will it work? What choices will I have in future as to where to litigate – should I choose a national court or the UPC to enforce or invalidate a European patent? This Handbook provides both guidance for the strategic decisions which will have to be taken and a detailed reference manual to the law and practice of the new system.

Unitary Patent Enforcement

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Author :
Release : 2021-06-17
Genre : Law
Kind : eBook
Book Rating : 035/5 ( reviews)

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Book Synopsis Unitary Patent Enforcement by : Johannes Pitz

Download or read book Unitary Patent Enforcement written by Johannes Pitz. This book was released on 2021-06-17. Available in PDF, EPUB and Kindle. Book excerpt: Forty years after the first plans for the introduction of the EU patent, 25 Member States (with the exception of Italy, Spain and Croatia) have now adopted the Convention on the introduction of the EU patent with unitary effect. A central component of this is the establishment of a unified patent court (EPC), which has a court of first instance and an appeal court. The court has exclusive jurisdiction for infringement and revocation proceedings. This is intended to eliminate the previous problems of patent law enforcement, such as high costs, the risk of divergent decisions and lack of legal certainty. In this book the authors explain the course of proceedings before the EPC both with regard to the fundamental features of the EU patent, in particular its scope of protection, as well as the procedural enforcement of the EU patent. Since there is still no decision-making practice of the EPC, the authors use the decision-making practice of the national courts.

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