Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Colinvaux's Law of Insurance

Colinvaux's Law of Insurance

Price: £370.00

Pupillage Special Offers

Special Discounts for Pupils & Newly Called

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Cross-border Enforcement of Patent Rights


ISBN13: 9780199249695
ISBN: 0199249695
Published: September 2002
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £112.50



Low stock.

The enforcement of patent rights raises complex, and, from a private international law perspective, unique difficulties. Since intellectual property practitioners started to seek the consolidation of cross-border patent disputes, the interplay of private international rules has led to drastic changes in patent litigation across Europe. This book analyses 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.;At the jurisdictional stage, the basic question is whether the current jurisdictional framework provides a basis for the concentration of related litigation. For jurisdictional purposes, patent enforcement is a tort. Accordingly, cross-border patent enforcement attempts may generally be undertaken at the forum of the defendant's domicile, the place of the tort and, as far as provisional measures are concerned, another forum with a sufficient connection to the dispute. 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.

Subjects:
Intellectual Property Law, Conflict of Laws
Contents:
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

Series: Oxford Private International Law

Hagues Securities Convention ISBN 9780199211999
To be published December 2018
Oxford University Press
£155.00
The Hague Convention on International Child Abduction 2nd ed ISBN 9780199590346
To be published June 2017
Oxford University Press
£95.00
Conflict of Laws and Arbitral Discretion: The Closest Connection Test ISBN 9780198787440
To be published January 2017
Oxford University Press
£95.00
Freedom of Establishment and Private International Law for Corporations ISBN 9780199698042
Published March 2012
Oxford University Press
£117.50
£91.67 + £18.33 VAT
(ePub)
Buy
Substance and Procedure in Private International Law (eBook) ISBN 9780191629365
Published March 2012
Oxford University Press
£106.25 + £21.25 VAT
(ePub)
Buy
Substance and Procedure in Private International Law ISBN 9780199532797
Published March 2012
Oxford University Press
£137.50
Employment Contracts In Private International Law (eBook) ISBN 9780191632075
Published November 2011
Oxford University Press
£91.67 + £18.33 VAT
(ePub)
Buy
Employment Contracts In Private International Law ISBN 9780199591046
Published November 2011
Oxford University Press
£115.00
The Arrest of Ships in Private International Law ISBN 9780199581351
Published November 2011
Oxford University Press
£117.50
Intellectual Property and Private International Law 2nd ed ISBN 9780199556588
Published February 2011
Oxford University Press
£235.00
The Anti-Suit Injunction with 1st Supplement ISBN 9780199589807
Published November 2010
Oxford University Press
£187.50
The Anti-Suit Injunction Updating Supplement ISBN 9780199588473
Published November 2010
Oxford University Press
£49.49
Cross-Border Divorce Law: Brussels II Bis ISBN 9780199581191
Published October 2010
Oxford University Press
£135.00
The Anti-Suit Injunction ISBN 9780199287321
Published October 2008
Oxford University Press
Out of print
Cross-Border Consumer Contracts ISBN 9780199276547
Published September 2008
Oxford University Press
£135.00
Agreements on Jurisdiction and Choice of Law ISBN 9780199282302
Published March 2008
Oxford University Press
£230.00
Civil Jurisdiction Rules of the EU and their Impact on Third States ISBN 9780199228577
Published January 2008
Oxford University Press
£122.50
Conflict of Laws Within the UK ISBN 9780199202454
Published October 2007
Oxford University Press
£112.50
Insolvency in Private International Law 2nd ed with 1st Supplement ISBN 9780199214952
Published March 2007
Oxford University Press
£225.00
Insolvency in Private International Law: 1st Supplement to 2nd ed ISBN 9780199288731
Published March 2007
Oxford University Press
£33.49
The Transfer of Property in the Conflict of Laws ISBN 9780199271474
Published October 2005
Oxford University Press
£117.50
International Sale of Goods in the Conflict of Laws ISBN 9780199244690
Published January 2005
Oxford University Press
£310.00
Choice of Law for Equitable Doctrines ISBN 9780199274925
Published September 2004
Oxford University Press
£127.50
Procedural Law in International Arbitration ISBN 9780199249480
Published March 2004
Oxford University Press
£127.50
Foreign Law in Civil Litigation: A Comparative and Functional Analysis ISBN 9780199264766
Published January 2004
Oxford University Press
£145.00
Forum Shopping and Venue in Transnational Litigation ISBN 9780199248186
Published June 2003
Oxford University Press
£117.50
Shares and Other Securities in the Conflict of Laws ISBN 9780199256136
Published March 2003
Oxford University Press
£127.50
Res Judicata, Estoppel and Foreign Judgments ISBN 9780199243396
Published March 2002
Oxford University Press
£105.00
Corporations in Private International Law ISBN 9780198299257
Published March 2002
Oxford University Press
£122.50
Enforcement of Judgments in Europe
Wendy KennettLecturer in Law, University of Keele
ISBN 9780198298199
Published September 2001
Oxford University Press
£127.50
Claims for Contribution and Reimbursement in an International Context ISBN 9780198268963
Published October 2000
Oxford University Press
£117.50
The Hague Convention on International Child Abduction ISBN 9780198260646
Published September 1999
Oxford University Press
£127.50
Autonomy in International Contracts ISBN 9780198262701
Published March 1999
Oxford University Press
£112.50
Foreign Law in English Courts: Pleading, Proof and Choice of Law ISBN 9780198258780
Published June 1998
Oxford University Press
£120.00
Declining Jurisdiction in Private International Law ISBN 9780198259596
Published August 1995
Oxford University Press
£127.50