European Patent Law : The Unified Patent Court and the European Patent Convention / edited by Duncan Matthews and Paul Torremans.

Format:

Book

Contributor:

Matthews, Duncan, editor.

Torremans, Paul, editor.

Series:

De Gruyter Handbuch.

De Gruyter Handbuch Series

Language:

English

Subjects (All):

Patent laws and legislation--European Union countries.

Patent laws and legislation.

Physical Description:

1 online resource (590 pages)

Edition:

First edition.

Place of Publication:

Berlin, Germany : Walter de Gruyter GmbH, [2023]

Summary:

This book provides a comprehensive overview of European Patent Law. It presents a critical analysis of the European patent law system and the proposed changes to it. The book explores the strengths and weaknesses of the European Patent Convention, and the interaction between the national and the European level, as well as across borders.

Contents:

Intro

Foreword

Preface

Table of contents

List of contributors

Introduction

Part 1: The existing system: the EPC

1 The role of EPO Boards of Appeal in shaping of patent law in Europe

2 The interaction between the UPC, national courts, and the EPO Boards of Appeal

3 Cross-border patent litigation under the EPC

4 Plausibility: a route to stronger and more robust patents?

5 Wrongful preliminary injunctions and EU procedural law

6 Proportionality and patent injunctions

Part 2: The European Patent with unitary effect and the Unified Patent Court

7 The novelty and inventive step requirement in Europe and under the UPP

8 Exceptions and limitations (27 UPCA)

9 Patent Arbitration under the Agreement on a Unified Patent Court

10 Supplementary Protection Certificates (Article 30)

11 Liability for infringement of EU law

12 Regulation 542/2014 on jurisdiction

13 Exclusive jurisdiction and competence

14 Constitutional aspects of the Unitary Patent Package (UPP) and the Unified Patent Court (UPC) - question marks remain

15 Trusting the Unified Patent Court: the importance of the institutional design of the UPC and its judges

16 The EPO within the Unitary Patent System

17 The role of the Court of Justice of the European Union

18 Rules of procedure of the UPC, a judge's perspective

19 The user in the UPC

20 Unified Patent Court and international law

21 The patent with unitary effect and competition law

22 A system fit for innovation? Part I: (Dis-)incentives for potential patentees in the UP legal framework

23 A system fit for innovation? Part II: (Dis-)advantages for follow-on inventors in the UP legal framework

24 Patent mediation

25 Litigation strategies and bifurcation

26 Patent litigation strategies in Germany: maneuvering the evolving landscape of bifurcation.

Part 3: Co-existence and alternatives

27 The co-existence between EPC and patents with unitary effect

28 Institutional coexistence: the necessity of judicial dialogue and cooperation in the UPC

29 The role of the CJEU in European patent law from a procedural perspective

30 Gene patents in the EPC and the European patent with unitary effect

31 Decision-makers, institutional influences and the role of ethical issues in the patenting of biotechnological inventions in Europe: enter the unitary patent system

32 The UPC and the FRAND injunction

Index.

Notes:

Includes index.

Description based on print version record.

Other Format:

Print version: Matthews, Duncan European Patent Law

ISBN:

9783110781687

3110781689