Overview

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.

Full Product Details

Author:   Marta Pertegás Sender (, Attorney, Nauta Dutilh, Brussels and Lecturer in Private International Law, K.U. Leuven)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.20cm , Height: 2.40cm , Length: 24.20cm
Weight:   0.666kg
ISBN:  

9780199249695

ISBN 10:   0199249695
Pages:   360
Publication Date:   21 March 2002
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of 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

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Author Information

Dr Marta Pertegás Sender is qualified as a barrister at the Barcelona bar, and practices part-time as an associate with firm Nauta Dutilh in Brussels specializing in the fields of international litigation and intellectual property. She is a part-time Lecturer in Private International Law at K.U. Leuven, and regularly lectures on European law and private international law in Spain, Poland, Latvia, Slovenia and the Czech Republic, and has published extensively in the field of international litigation and conflict of laws. She has previously worked at the European Parliament, and since 1994 as an assistant to prof. Van Houtte at the Institute of International Trade Law (Louvain, K.U. Leuven).

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