Cross-border Enforcement of Patent Rights
Language: English
Published by Oxford University Press, GB, 2002
- Hardcover
- New
Seller: Rarewaves.com UK, London, United KingdomRarewaves.com UK
AbeBooks seller since June 11, 2025
Condition: New
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Seller Inventory # LU-9780199249695
- Title
- Cross-border Enforcement of Patent Rights
- Author
- Marta Pertegás Sender
- Publisher
- Oxford University Press, GB
- Publication year
- 2002
- Condition
- New
- Binding
- Hardback
- Language
- English
- ISBN 10
- 0199249695
- ISBN 13
- 9780199249695
- Item weight
- 666 grams
- Dimensions
- 2.54 x 15.75 x 23.62 cm
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.
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