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This book discusses the legal texts regarding the unitary patent and the Unified Patent Court (UPC). In 2013, twenty-five Member States of the European Union decided to take European patenting and patent enforcement to the next level. They agreed on a common patent title and a common patent court, i.e., the new unitary patent and the UPC. However, the implementation phase of the new patent package was a bumpy ride. Non-participating member states attacked the legal texts before the European Court of Justice, the Rules of Procedure of the UPC were subject to extensive debates, the Brexit referendum slowed down the ratification process, etc. Nevertheless, the unitary patent package survived. The exact date when the UPC 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 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.--
Industrial and intellectual property --- Unified Patent Court --- Patent laws and legislation --- Patent suits --- Unified Patent Court. --- European and Community Patents Court --- UPC --- European Union. --- Patent litigation --- Patent laws and legislation - European Union countries --- Patent suits - European Union countries
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Die Autorin beschäftigt sich mit der Informationsbeschaffung in Patentrechtsstreitfällen. Sie vergleicht die Regelungen im amerikanischen Recht mit dem französischen Institut der Saisie-Contrefacon.
Patent suits --- Discovery (Law) --- Evidence, Documentary --- Documentary evidence --- Evidence (Law) --- Legal documents --- Pretrial discovery --- Equity pleading and procedure --- Pre-trial procedure --- Patent litigation --- Patent laws and legislation --- Markenrecht --- Urheberrecht / Gewerblicher Rechtsschutz und Medienrecht --- Gewerblicher Rechtsschutz
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Industrial and intellectual property --- Asia --- Patent laws and legislation --- Patent suits --- Patent litigation --- Law, Patent --- Patents --- Scientific property --- Industrial laws and legislation --- Industrial property --- Trade regulation --- Copyright --- Law and legislation
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Patents are important tools for innovation policy. They incentivize the creation and dissemination of new technical solutions and help to disclose their working to the public in exchange for limited exclusivity. Injunctions are important tools of their enforcement. Much has been written about different aspects of the patent system, but the issue of injunctions is largely neglected in the comparative legal literature. This book explains how the drafting, tailoring and enforcement of injunctions in patent law works in several leading jurisdictions: Europe, the United States, Canada, and Israel. The chapters provide in-depth explanation of how and why national judges provide for or reject flexibility and tailoring of injunctive relief. With its transatlantic and intra- European comparisons, as well as a policy and theoretical synthesis, this is the most comprehensive overview available for practicing attorneys and scholars in patent law. This book is also available as Open Access on Cambridge Core.
Patent suits. --- Injunctions. --- Patent laws and legislation --- Patent litigation --- Actions and defenses --- Civil procedure --- Constitutional law --- Equitable remedies --- Extraordinary remedies --- Provisional remedies --- Interdict (Civil law) --- Anti-injunction law --- patent injunctions --- innovation --- technology --- law and technology
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Defining the true meaning of the acronym FRAND reminds of the parable of two political parties arguing before the elections: who is right and who is wrong, although they both know that there is no such thing as one truth and most utterly it depends on the individual perspective. Given the very substantial legal and business concerns involved within the telecommunication standardization environment, the conflicts what FRAND terms and conditions means seem to be unavoidable.
Patent licenses --- Patent suits --- Antitrust law --- Global system for mobile communications --- Treaty Establishing the European Economic Community --- Fair, reasonable, and non-discriminatory terms --- GSM communications --- Cell phone systems --- Context-aware computing --- Patent litigation --- Patent laws and legislation --- Licenses (Patents) --- Patents --- Foreign licensing agreements --- License agreements --- Patent assignments --- Licenses --- Markenrecht --- Urheberrecht / Gewerblicher Rechtsschutz und Medienrecht --- Gewerblicher Rechtsschutz
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Trademarks (International law) --- Counterfeits and counterfeiting --- Marques de commerce (Droit international) --- Contrefaçon --- Congresses. --- Congresses --- Congrès --- Conflict of laws --- Intellectual property infringement --- Patent suits --- Product counterfeiting --- Trademark infringement --- 343.533 --- Infringement of trademark --- Trademarks --- Commercial product counterfeiting --- Counterfeiting of products --- Passing off (Product counterfeiting) --- Patent litigation --- Patent laws and legislation --- Infringement of intellectual property --- Intellectual property --- Choice of law --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Prevention --- Aanslag op intellectuele rechten. Namaak van brevet, van fabrieksmerk, van model. Misbruik van naam. Misdrijven tegen artistieke eigendom --- Law and legislation --- Criminal provisions --- Civil law --- 343.533 Aanslag op intellectuele rechten. Namaak van brevet, van fabrieksmerk, van model. Misbruik van naam. Misdrijven tegen artistieke eigendom
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