This book explains why a "global patent" does not exist. It identifies the barriers to its creation from both historical and current perspectives, and discusses the difficulties that arise as inventors, investors, and businesses strive to protect their inventions in the widest territory possible. The author analyzes the options available to patent holders. In today's globalized economy, many inventors, investors and businesses want their inventions to be protected in many, if not most, countries. However, there currently exists no singlepatent that will protect an invention globally, and despite the attempts in international treaties to simplify patenting, the process remains complicated, lengthy, and expensive. Furthermore, the necessity of enforcing patents in multiple countries exists without any possibility of concentrating in one location any parallel proceedings that concern the same invention and the same parties, thus making the maintenance of parallel patents infeasible. Global Patents:Limits of Transnational Enforcement, by Marketa Trimble, explains why the absence of a "global patent" persists, and discusses the events in the 140-year history of patent law internationalization that have shaped the solutions. The author analyzes the ways in which patent holders attempt to mitigate the problems that arise from the lack of global patent protection. One way is to concentrate enforcement in one court ofpatents granted in multiple countries, which makes the enforcement of the patents less costly and more consistent. INDICE: Preface Introduction Chapter 1: Global Protection for Inventions 1.1 The Territorial Limitations of Patent Protection 1.2 A World Patent 1.3 Parallel Patents 1.3.1 Obtaining a Patent Abroad 1.3.2 Obtaining Patents in Multiple Countries 1.4 Obstacles to Global Protection Chapter 2: Enforcing Parallel Patents 2.1 Private International Law Solutions to the Problem of Enforcement of Parallel Patents 2.1.1 The Brussels Regime 2.1.2 Mitigating the ProblemsCreated By the Brussels Regime 2.1.3 The Hague Convention 2.1.4 The ALI Principles 2.1.5 The CLIP Principles 2.1.6 Obstacles to Implementation of Private International Law Solutions 2.1.6.1 Foreign Patents in U.S. Courts 2.1.6.2 Foreign Patents in German Courts 2.2 Institutional Solutions to the Problem of Enforcement of Parallel Patents 2.3 Obstacles to the Enforcement of Parallel Patents Chapter 3: Protecting an Invention outside the Protecting Country 3.1 Inventions in the Means of Transportation 3.2 Inventions in Transit and Border Measures 3.3 Offers to Sell 3.4 Inventions Assembled Abroad from Components froma Protecting Country 3.5 Acts Abroad Contributing to Infringements in the Protecting Country 3.6 Acts in Multiple Locations 3.7 Limits on the Protection ofan Invention outside the Protecting Country Chapter 4: Limits of Protection under the Law of the Protecting Country 4.1 Foreign Parties before U.S. Courts? A Quantitative View of the Enforcement Problem 4.1.1 Patent Cases Filed in 2004 and 2009 4.1.2 Cases Involving Foreign Parties 4.1.3 Cases Involving at Least One Foreign Defendant and Cases with Only Foreign Defendants 4.1.4 Some Observations about the Data on the Involvement of Foreign Defendants in Patent Litigation in 2004 and 2009 4.2 Injunctions 4.2.1 Cross-Border Injunctions in U.S. Courts 4.2.2 Cross-Border Injunctions in Europe 4.2.3 Challenges to Enforcement of Injunctions Abroad 4.2.3.1 Enforcement of an Injunction 4.2.3.2 Enforcement of a Contempt Order 4.3 Monetary Relief 4.3.1 Punitive Damages 4.3.2 Ongoing Royalties 4.4 Additional Requirements of Recognition and Enforcement 4.5 Obstacles to Enforcement Abroad Conclusions Bibliography Table of Cases Index
- ISBN: 978-0-19-984068-7
- Editorial: Oxford University
- Encuadernacion: Cartoné
- Páginas: 256
- Fecha Publicación: 08/03/2012
- Nº Volúmenes: 1
- Idioma: Inglés