Global Patents Limits of Transnational Enforcement

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  • Format: Hardcover
  • Copyright: 2012-02-16
  • Publisher: Oxford University Press

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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 Patentsexplains 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.

Author Biography

Marketa Trimble is an associate professor at the William S. Boyd School of Law at the University of Nevada Las Vegas. Previously, she studied at Stanford Law School, where she received her second doctoral degree. In her research, she focuses on intellectual property and issues at the intersection of intellectual property and private international law/conflict of laws. Professor Trimble has conducted comparative and empirical work in her areas of interest using her extensive research experience from law schools in the U.S. and Europe, her expertise from the European Union and European governments, and her foreign language abilities.

Table of Contents

Prefacep. vii
Introductionp. 1
Global Protection for Inventionsp. 9
The Territorial Limitations of Patent Protectionp. 11
A World Patentp. 15
Parallel Patentsp. 18
Obtaining a Patent Abroadp. 19
Obtaining Patents in Multiple Countriesp. 25
Obstacles to Global Protectionp. 35
Enforcing Parallel Patentsp. 39
Private International Law Solutions to the Problem of Enforcement of Parallel Patentsp. 43
The Brussels Regimep. 44
Mitigating the Problems Created by the Brussels Regimep. 49
The Hague Conventionp. 58
The ALI Principlesp. 59
The CLIP Principlesp. 62
Obstacles to Implementation of Private International Law Solutionsp. 64
Foreign Patents in U.S. Courtsp. 65
Foreign Patents in German Courtsp. 69
Institutional Solutions to the Problem of Enforcement of Parallel Patentsp. 72
Obstacles to the Enforcement of Parallel Patentsp. 76
Protecting an Invention outside the Protecting Countryp. 81
Inventions in the Means of Transportationp. 84
Inventions in Transit and Border Measuresp. 88
Offers to Sellp. 98
Inventions Assembled Abroad from Components from a Protecting Countryp. 105
Acts Abroad Contributing to Infringements in the Protecting Countryp. 110
Acts in Multiple Locationsp. 116
Limits on the Protection of an Invention outside the Protecting Countryp. 121
Limits of Protection under the Law of the Protecting Countryp. 127
Foreign Parties before U.S. Courts-A Quantitative View of the Enforcement Problemp. 129
Patent Cases Filed in 2004 and 2009p. 133
Cases Involving Foreign Partiesp. 135
Cases Involving at Least One Foreign Defendant and Cases with Only Foreign Defendantsp. 139
Some Observations about the Data on the Involvement of Foreign Defendants in Patent Litigation in 2004 and 2009p. 146
Injunctionsp. 154
Cross-Border Injunctions in U.S. Courtsp. 156
Cross-Border Injunctions in Europep. 161
Challenges to Enforcement of Injunctions Abroadp. 165
Enforcement of an Injunctionp. 166
Enforcement of a Contempt Orderp. 172
Monetary Reliefp. 173
Punitive Damagesp. 174
Ongoing Royaltiesp. 176
Additional Requirements of Recognition and Enforcementp. 178
Obstacles to Enforcement Abroadp. 181
Conclusionsp. 185
Bibliographyp. 193
Table of casesp. 215
Indexp. 225
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