Fragmentation and the European patent system / Karen Walsh.

Format:

Book

Author/Creator:

Walsh, Karen, author.

Language:

English

Subjects (All):

Patent laws and legislation--European Economic Community countries.

Patent laws and legislation.

Intellectual property--European Economic Community countries.

Intellectual property.

Conflict of laws--Patents--European Economic Community countries.

Conflict of laws.

Physical Description:

1 online resource (237 pages)

Edition:

First edition.

Distribution:

[London, England] : Bloomsbury Publishing, 2022

Place of Publication:

London [England] : Hart Publishing, 2022

Summary:

"The European patent system (EPS) is undoubtedly fragmented, which is generally seen as a negative aspect of the system that needs to be removed. This book questions that viewpoint and takes the unique perspective that fragmentation is in fact inherent in the EPS and can, in certain circumstances, be a positive feature. The starting point for questioning the negative attitude towards fragmentation must be the concept itself. Hence the aim of this book, which is to offer a theoretical analysis of fragmentation as a feature of supranational law-making and legal systems. It draws on jurisprudence from international law, in which fragmentation is inherent, and uses that analysis to propose alternative methods of harmonising the EPS, while ensuring national diversity. The book analyses case studies from the EPS, including case law on human embryonic stem cells ( WARF , Brèustle , ISCC ), the doctrine of equivalents ( Actavis v Eli Lily ), and the potential impact of Brexit. These are used to reflect on the way in which similar techniques to those used in the international legal system to respond to fragmentation are being used in the EPS, how effective they are, and where matters can be improved. This fascinating book will be of interest to academics, students and practitioners looking for a new perspective on the European patent system."-- Provided by publisher.

Contents:

Introduction

1. The Present European Patent Systems

2. The Proposed European Unitary Patent Package

3. A Contextual Theory of Fragmentation

4. Lessons from the Past - The Evolution of Fragmentation

5. Fragmentation and Substantive Patent Law I

6. Fragmentation and Substantive Patent Law II Conclusion

ISBN:

9781509939336

1509939334

9781509939343

1509939342

OCLC:

1291219413