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

Wildy’s Book News

Book News cover photo

Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Lowe legislation jp
Sealy millman 2018 jp
Desmith out now
Uk supremem 1 8
Williams published
Luba housing

UK Public Holiday Monday 28th May

Wildy's will be closed on Monday 28th May, re-opening on Tuesday 29th.

Online book orders received during the time we are closed will be processed as soon as possible once we re-open on Tuesday.

As usual credit cards will not be charged until the order is processed and ready to despatch.

Any Sweet & Maxwell or Lexis eBook orders placed after 4pm on the Friday 25th May will not be processed until Tuesday May 29th. UK orders for other publishers will be processed as normal. All non-UK eBook orders will be processed on Tuesday May 29th.

Hide this message

Comparative Patent Remedies: A Legal and Economic Analysis


ISBN13: 9780199840656
Published: March 2013
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Paperback
Price: £122.50



Despatched in 6 to 8 days.

Nations throughout the world receive more patent applications, grant more patents, and entertain more patent infringement lawsuits than ever before.

To understand the contemporary patent system, it is crucial to become familiar with how courts and other actors in different countries enable patent owners to enforce their rights. This is increasingly important, not only for firms that seek to market their products worldwide and for the lawyers who provide them with counsel, but also for scholars and policymakers working to develop better policies for promoting the innovation that drives long-term economic growth.

Comparative Patent Remedies provides a critical and comparative analysis of patent enforcement in the United States and other major patent systems, including the European Union, Japan, Canada, Australia, China, South Korea, Taiwan, and India.

Thomas Cotter shows how different countries respond to similar issues, and suggests how economic analysis can assist in adapting current practice to the needs of the modern world. Among the topics addressed are: how courts in various nations award monetary compensation for patent infringement, including lost profits, infringer's profits, and reasonable royalties; the conditions under which patent owners may obtain preliminary and permanent injunctions, including cross-border injunctions in the European Union; the availability of various options for potential defendants to challenge patent validity; and other matters, such as the availability of criminal enforcement and border measures to exclude infringing goods.

Subjects:
Intellectual Property Law, Law and Economics
Contents:
PREFACE

CHAPTER 1: INTRODUCTION
WHAT PATENTS ARE
INTERNATIONAL OBLIGATIONS
BENEFITS AND COSTS OF PATENT SYSTEMS
ON COMPARATIVE LAW AND ECONOMICS, AND THE PLAN OF THIS BOOK
IDENTIFYING DIFFERENCES AND SIMILARITIES
POSITING POSSIBLE REASONS FOR THE DIFFERENCES
POSITIVE ANALYSIS
NORMATIVE ANALYSIS

CHAPTER 2: A FRAMEWORK FOR PATENT REMEDIES
THE IMPACT OF INFRINGEMENT
SOME GENERAL IMPLICATIONS
IMPLICATIONS: INJUNCTIVE RELIEF
IMPLICATIONS: DAMAGES
CONCLUSION

CHAPTER 3: PATENT REMEDIES IN THE UNITED STATES
OVERVIEW: THE U.S. PATENT AND JUDICIAL SYSTEMS
PATENT REMEDIES: HISTORICAL DEVELOPMENT
INJUNCTIONS
DAMAGES
DAMAGES: LOST PROFITS
DAMAGES: REASONABLE ROYALTIES
ENHANCED DAMAGES
ATTORNEYS' FEES, COSTS, AND INTEREST
AWARDS OF INFRINGER'S PROFITS IN DESIGN PATENT CASES
DECLARATORY JUDGMENTS
CONCLUSION

CHAPTER 4: PATENT REMEDIES IN THE UNITED KINGDOM, CANADA, AND AUSTRALIA
INTRODUCTION
OVERVIEW
PATENT REMEDIES: AN OVERVIEW
INJUNCTIONS
DAMAGES
LOST PROFITS
REASONABLE ROYALTIES
ACCOUNTING OF DEFENDANT'S PROFITS
ENHANCED DAMAGES, ATTORNEYS' FEES, INTEREST
DECLARATORY JUDGMENTS, OPPOSITIONS, AND INVALIDATION PROCEEDINGS
SUMMARY

CHAPTER 5: PATENT REMEDIES IN CONTINENTAL EUROPE
INTRODUCTION
OVERVIEW
REMEDIES
PRELIMINARY AND PERMANENT INJUNCTIONS
CROSS-BORDER INJUNCTIONS AND TORPEDO ACTIONS
DAMAGES: GENERAL CONSIDERATIONS
DAMAGES: LOST PROFITS
DAMAGES: REASONABLE ROYALTIES
DEFENDANT'S PROFITS
ENHANCED DAMAGES, ATTORNEYS' FEES, INTEREST
OPPOSITIONS, INVALIDATION PROCEEDINGS, AND DECLARATORY JUDGMENTS
CONCLUSION

CHAPTER 6: PATENT REMEDIES IN JAPAN
INTRODUCTION
OVERVIEW
PATENT REMEDIES: AN OVERVIEW
PRELIMINARY INJUNCTIONS, PERMANENT INJUNCTIONS, AND BORDER MEASURES
DAMAGES: OVERVIEW
LOST PROFITS
REASONABLE ROYALTIES
DEFENDANT'S PROFITS
ENHANCED DAMAGES, ATTORNEY'S FEES, INTEREST
INVALIDATION ACTIONS AND DECLARATORY JUDGMENTS
SUMMARY

CHAPTER 7: PATENT REMEDIES IN CHINA AND SELECTED OTHER PATENT SYSTEMS
INTRODUCTION
CHINA: OVERVIEW
CHINA: REMEDIES
CHINA: INJUNCTIONS
CHINA: DAMAGES
CHINA: INVALIDITY PROCEEDINGS
SOUTH KOREA AND TAIWAN
INDIA
SUMMARY

CHAPTER 8: CONCLUSION
TABLE OF CASES
INDEX