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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.

The Unitary Patent and the Unified Patent Court

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Release : 2017-09-25
Genre : Law
Kind : eBook
Book Rating : 41X/5 ( reviews)

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Book Synopsis The Unitary Patent and the Unified Patent Court by : Pieter Callens

Download or read book The Unitary Patent and the Unified Patent Court written by Pieter Callens. This book was released on 2017-09-25. Available in PDF, EPUB and Kindle. Book excerpt: In 2013, twenty-five Member States of the European Union decided to take European patenting and patent enforcement to a next level. They agreed on a common patent title and a common patent court, i.e., the new Unitary Patent and the Unified Patent Court. Unfortunately, the implementation phase of the new patent package appeared to be a bumpy ride ?non-participating Member States attacked the legal texts before the European Court of Justice, the Rules of Procedure of the Unified Patent Court were subject to extensive debates, the Brexit referendum slowed down the ratification process, etc. Nevertheless, the unitary patent package appeared to be a survivor. The exact date when the Unified Patent Court will open its doors and the first Unitary Patent will be registered is still unclear. But observers agree that both projects will most likely become operational in 2018. From that moment on, companies, research institutions, and individuals will be able to obtain not only a patent title with immediate effect in (eventually) twenty-five EU Member States, but also a court decision on (for example) infringement or validity of a European or Unitary Patent with effect in the participating Member States. The authors of this book, one being a lawyer who had a hand in the legal texts of the Unitary Patent and the other being a reputed Belgian intellectual property appeal judge, were the first in 2013 to publish an introduction to the Unitary Patent and the Unified Patent Court. The current book is no longer an introduction but provides you with a comprehensive analysis of all aspects of this new patent and enforcement system. This book not only describes in detail all the provisions regarding the new patent and the new court, but also explains the history and the difficult implementation phase of the project. This book unravels all legal texts regarding the Unitary Patent and the Unified Patent Court, including the Rules of Procedure and all other Rules prepared by the Select Committee (for the Unitary Patent) and by the Preparatory Committee (for the Unified Patent Court). This book also includes flowcharts summarizing the important phases of the proceedings before the Unified Patent Court. For its deeply informed insights into the expected practical functioning of this revolutionary new patent and litigation system, this work is a peerless contribution that will ensure the most effective practice as this new regime begins. This extraordinary book is a must-have on the bookshelf of anyone involved or interested in European patenting.

Unified Patent Protection in Europe

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Release : 2018-07-04
Genre : Law
Kind : eBook
Book Rating : 927/5 ( reviews)

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Book Synopsis Unified Patent Protection in Europe by : Winfried Tilmann

Download or read book Unified Patent Protection in Europe written by Winfried Tilmann. This book was released on 2018-07-04. Available in PDF, EPUB and Kindle. Book excerpt: The creation of the Unified Patent Court (UPC) is the most prominent change in the European legal landscape for the last four decades. This book explains how the new system works in practice and how to make the best use of its provisions. It offers readers an in-depth and comprehensive commentary on the legal mechanisms of the upcoming ratified European Patent Law, and advice on potential problems that users of the forthcoming regulations may face. The book first describes the creation of the Unified European Patent Law and how its four new legislative texts interact. The new legislative texts are then explained and commented on in detail, rule by rule, with diverse approaches and perspectives from a practitioner team comprising patent litigators, European patent attorneys, law professors and patent judges. The Commentary takes into account the practical needs of users of the new system on both the prosecution and enforcement sides, addressing substantive and procedural problems. This book is the most authoritative text on the Unitary Patent and Unified Patents Court, and an invaluable tool for practitioners in this rapidly developing area of law.

European Patent Litigation in the Shadow of the Unified Patent Court

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Release : 2016-07-27
Genre : Law
Kind : eBook
Book Rating : 747/5 ( reviews)

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Book Synopsis European Patent Litigation in the Shadow of the Unified Patent Court by : Luke McDonagh

Download or read book European Patent Litigation in the Shadow of the Unified Patent Court written by Luke McDonagh. This book was released on 2016-07-27. Available in PDF, EPUB and Kindle. Book excerpt: With the introduction of the Unified Patent Court (UPC) and the new European Patent with Unitary Effect, the European patent litigation system is undergoing a set of fundamental reforms. This timely book assesses the current state of European patent litigation by analysing recently published data on Europe's four major patent jurisdictions - the UK, Germany, France and the Netherlands - and also looks ahead to examine what the impact of the UPC is likely to be on Europe's patent litigation system in the near future.

The Unitary EU Patent System

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Author :
Release : 2015-03-26
Genre : Law
Kind : eBook
Book Rating : 407/5 ( reviews)

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Book Synopsis The Unitary EU Patent System by : Justine Pila

Download or read book The Unitary EU Patent System written by Justine Pila. This book was released on 2015-03-26. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to explore the key substantive, methodological, and institutional issues raised by the proposed unitary EU patent system contained in EU Regulations 1257/2012 and 1260/2012 and the Unified Patent Court Agreement 2013. The originality of this work lies in its individual contributions and uniquely broad approach, taking six different (historical, constitutional, international, competition, institutional and forward-looking) perspectives on the proposed patent system. This means that the book offers a multi-authored and all round legal appraisal of the proposed unitary system from experts in patent law, EU constitutional law, private international law, and competition law, as well as leading figures from the worlds of legal practice, the bench, and the European Patent Office. The unitary patent system raises issues of foundational importance in the fields of patent and intellectual property law, EU law and legal harmonization, which it is the purpose of the book to engage with. This is a work which will enjoy wide and enduring interest among academics, policy makers and decision makers/practitioners working in patent law, intellectual property law, legal harmonization, and EU law.

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