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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Patent Enforcement Worldwide: Writings in Honour of Dieter Stauder 3rd ed

Edited by: Christopher Heath

ISBN13: 9781849467094
Previous Edition ISBN: 1841135380
Published: November 2015
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £100.00

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This book features 15 country reports on the patent enforcement practice of the world’s most litigated countries in Europe, Asia and the Americas. Litigation strategies for both right owners and alleged infringers are explained against the background of case law on:-

  • types of action,
  • standing to sue,
  • jurisdiction,
  • obtaining evidence,
  • provisional and final measures,
  • trial practice,
  • types of infringement,
  • remedies and counterclaims,
  • costs and issues of retrial,
  • threats and wrongful enforcement.
Special chapters cover the Trade-Related Aspects of Intellectual Property Agreement provisions on enforcement, enforcement issues in the European Community, international cross-border litigation and border measures.

The reports are written by patent practitioners or academic experts in the field, and the homogenous structure of the country reports allows for an easy identification of best practices and strategic considerations on the choice of jurisdiction.

Intellectual Property Law
Part A: Patent Enforcement in International Agreements
1. Comparative Overview and the TRIPS Enforcement Provisions Christopher Heath and Thomas F Cotter

Part B: Patent Enforcement in Europe
2. The European Union: Jurisdiction, Cross-border-Cases, Enforcement Directive and Unified Patent Court Tilman Muller-Stoy and Jorg Wahl
3. Patent Enforcement in the United Kingdom Christopher Rennie-Smith
4. Patent Enforcement in Germany Christian Osterrieth
5. Patent Enforcement in France Isabelle Romet, Amandine Metier and Dora Talvard
6. Patent Enforcement in the Netherlands Jan J Brinkhof and Anselm Kamperman Sanders
7. Patent Enforcement in Italy Giovanni Casucci
8. Patent Enforcement in Poland Janusz Fiolka
9. Patent Enforcement in Switzerland Fritz Blumer
10. Patent Enforcement in Turkey Turkay Alica

Part C: Patent Enforcement in Asia
11. Patent Enforcement in China Thomas Pattloch
12. Patent Enforcement in Taiwan Ming-Yan Shieh and Su-Hua Lee
13. Patent Enforcement in Japan Christopher Heath
14. Patent Enforcement in Korea Byungil Kim
15. Patent Enforcement in India Hemant Singh

Part D: Patent Enforcement in the Americas
16. Patent Enforcement in the United States Timothy Maloney
17. Patent Enforcement in Brazil Filipe Fischmann
18. Patent Enforcement in Argentina Monica Witthaus

Part E: International and Comparative Issues
19. The Extraterritorial Enforcement of Patent Rights Marketa Trimble
20. Border Measures in Europe, Japan and the US Anja Petersen-Padberg