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Global Patents: Limits of Transnational Enforcement by Marketa Trimble (English)
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Specifiche dell'oggetto
- Condizione
- ISBN-13
- 9780199840687
- Book Title
- Global Patents
- ISBN
- 9780199840687
Informazioni su questo prodotto
Product Identifiers
Publisher
Oxford University Press, Incorporated
ISBN-10
0199840687
ISBN-13
9780199840687
eBay Product ID (ePID)
109070900
Product Key Features
Number of Pages
248 Pages
Language
English
Publication Name
Global Patents : Limits of Transnational Enforcement
Subject
Intellectual Property / Patent, Intellectual Property / General, General
Publication Year
2012
Type
Textbook
Subject Area
Law
Format
Hardcover
Dimensions
Item Height
0.9 in
Item Weight
17.6 Oz
Item Length
6.4 in
Item Width
9.3 in
Additional Product Features
Intended Audience
Scholarly & Professional
LCCN
2011-031496
Dewey Edition
23
Reviews
"Patent infringement is global, but patent law is national. Global Patents explores the problems this causes for cross-border patent enforcement. A must-read for anyone who hopes to enforce a patent overseas, or to enforce a judgment once they win." --Mark A. Lemley, William H. Neukom Professor, Stanford Law School "In Global Patents, Marketa Trimble tells the story of how the territorial split of inventions into national patents encumbers the exercise and enforcement of rights, spanning such diverse issues as private international law, notions of infringement (including secondary liability), and empirical research, all based on a rich and thorough comparative analysis of US and German legal history and case law. In short, it is a scholarly work that is also highly relevant for practice." --Prof. Annette Kur, Max-Planck-Institute for Intellectual Property and Competition Law, Munich "Marketa Trimble's very readable contribution to ongoing debates about the protection of patents on a global basis puts the proposition that patent law is territorial in historical, theoretical, and comparative context. Global Patents offers a comprehensive treatment of the topic, canvassing developments in public and private international law, tackling both acquisition and enforcement, and paying critical attention to both theoretical and practical questions. It is a valuable resource for scholars and practitioners alike." --Graeme B. Dinwoodie, Professor of Intellectual Property and Information Technology Law, University of Oxford, "Patent infringement is global, but patent law is national. Global Patents explores the problems this causes for cross-border patent enforcement. A must-read for anyone who hopes to enforce a patent overseas, or to enforce a judgment once they win." --Mark A. Lemley, William H. Neukom Professor, Stanford Law School"In Global Patents, Marketa Trimble tells the story of how the territorial split of inventions into national patents encumbers the exercise and enforcement of rights, spanning such diverse issues as private international law, notions of infringement (including secondary liability), and empirical research, all based on a rich and thorough comparative analysis of US and German legal history and case law. In short, it is a scholarly work that is also highlyrelevant for practice." --Prof. Annette Kur, Max-Planck-Institute for Intellectual Property and Competition Law, Munich"Marketa Trimble's very readable contribution to ongoing debates about the protection of patents on a global basis puts the proposition that patent law is territorial in historical, theoretical, and comparative context. Global Patents offers a comprehensive treatment of the topic, canvassing developments in public and private international law, tackling both acquisition and enforcement, and paying critical attention to both theoretical and practicalquestions. It is a valuable resource for scholars and practitioners alike." --Graeme B. Dinwoodie, Professor of Intellectual Property and Information Technology Law, University of Oxford
Number of Volumes
1 vol.
Illustrated
Yes
Dewey Decimal
346.04/86
Table Of Content
PrefaceIntroduction1. Global Protection for Inventions1.1 The Territorial Limitations of Patent Protection1.2 A World Patent1.3 Parallel Patents1.3.1 Obtaining a Patent Abroad1.3.2 Obtaining Patents in Multiple Countries1.4 Obstacles to Global Protection2. Enforcing Parallel Patents2.1 Private International Law Solutions to the Problem of Enforcement of Parallel Patents2.1.1 The Brussels Regime2.1.2 Mitigating the Problems Created By the Brussels Regime2.1.3 The Hague Convention2.1.4 The ALI Principles2.1.5 The CLIP Principles2.1.5 The CLIP Principles2.1.6 Obstacles to Implementation of Private International Law Solutions2.1.6.1 Foreign Patents in U.S. Courts2.1.6.2 Foreign Patents in German Courts2.2 Institutional Solutions to the Problem of Enforcement of Parallel Patents2.3 Obstacles to the Enforcement of Parallel Patents3. Protecting an Invention outside the Protecting Country3.1 Inventions in the Means of Transportation3.2 Inventions in Transit and Border Measures3.3 Offers to Sell3.4 Inventions Assembled Abroad from Components from a Protecting Country3.5 Acts Abroad Contributing to Infringements in the Protecting Country3.6 Acts in Multiple Locations3.7 Limits on the Protection of an Invention outside the Protecting Country4. Limits of Protection under the Law of the Protecting Country4.1 Foreign Parties before U.S. Courts ? A Quantitative View of the Enforcement Problem4.1.1 Patent Cases Filed in 2004 and 20094.1.2 Cases Involving Foreign Parties4.1.3 Cases Involving at Least One Foreign Defendant and Cases with Only Foreign Defendants4.1.4 Some Observations about the Data on the Involvement of Foreign Defendants in Patent Litigation in 2004 and 20094.2 Injunctions4.2.1 Cross-Border Injunctions in U.S. Courts4.2.2 Cross-Border Injunctions in Europe4.2.3 Challenges to Enforcement of Injunctions Abroad4.2.3.1 Enforcement of an Injunction4.2.3.2 Enforcement of a Contempt Order4.3 Monetary Relief4.3.1 Punitive Damages4.3.2 Ongoing Royalties4.4 Additional Requirements of Recognition and Enforcement4.5 Obstacles to Enforcement AbroadConclusionsBibliographyTable of CasesIndex
Synopsis
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 single patent 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., 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 single patent 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 of patents granted in multiple countries, which makes the enforcement of the patents less costly and more consistent. Another way is to attempt to use the litigation of a single country patent to reach acts that occur outside the country, which can mitigate the lack of patent protection outside the country. However, both the concentration of proceedings and extraterritorial enforcement suffer from significant limitations. Global Patents explains these limitations and presents the solutions that have been proposed to address them. The book includes a thorough comparative analysis of the extraterritorial features of U.S. and German patent laws, and original statistics on U.S. patent litigation. Based on a comprehensive treatment of the various facets of transnational enforcement challenges, the author proposes the next stage of patent law internationalization.
LC Classification Number
K1505.T75 2012
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- e***_ (16)- Feedback lasciato dall'acquirente.Ultimi 6 mesiAcquisto verificatoSeller handles a massive inventory so I give them grace on the slow processing and shipping. They were very communicative and prompt with their response when I messaged in asking about it. Book was in good condition as described. Small ding on the page edges which wasn't mentioned, but that's fairly common even at your typical book store. Still a good value and I'd buy from them again.
- r***r (2963)- Feedback lasciato dall'acquirente.Ultimi 6 mesiAcquisto verificatoBook arrived today, 2 days before deadline given by the seller. Well-packaged & in good condition. Price was very competitive, & the book was accurately listed. Great communication. I appreciate the seller getting back to me when I was having trouble tracking the book's delivery progress. Apparently there were 2 different tracking numbers - one in Canada & the other in the U.S., since it was initially shipped from Canada. Thank you very much for your quick response & helpful information.Rethinking Investing: A Very Short Guide to Very Long-Term Investing by Charles (N° 396183075510)