| Description |
1 online resource |
| Series |
Lex et Res Publica: Polish legal and political studies, 2191-3250 ; volume 4 |
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Lex et res publica ; v. 4
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| Contents |
Cover; Abstract; Acknowledgements; Table of Contents; Detailed Table of Contents; Table of Figures; 1. Introduction; Motivation; 2. Conceptual underpinnings; 2.1. Justifications of a system for patent protection; 2.2. Importance of patent enforcement within the patent law regime; 2.3. Changes in the socio-economic context; 2.4. Enforcement in transborder network constellations; Cross-border enforcement of patents in Europe; Transborder infringement of patents |
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2.5. Outline of the legal problem: enforcement of territorially limited patents on geographically divisible inventions and global computer networks3. Research question and structure; Focus on formal enforcement mechanisms; Concept of infringement; Focus on German and United Kingdom law; Definitional aspect: software versus computer-implemented inventions; Differentiation from existing research; Research Structure; 4. Research Context; 4.1. Literature Review; 4.2. Enforcement of patent rights; 4.2.1. Territoriality principle and patent enforcement |
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4.3. Patent Rights in the International Legal OrderInternational Agreements: Paris, PCT, and TRIPS; Agreement on Trade-Related Aspects of Intellectual Property (TRIPS); 4.4. Patent Rights at the regional, European level; 4.4.1. European Patent Convention; 4.4.2. Chronology of efforts to develop a patent system for the European Union; Community Patent Convention; 4.4.3. The Unitary Patent Package; Unitary Patent Protection; Unified Patent Court; Objections raised by the Kingdom of Spain and the Republic of Italy; Objections raised by the Republic of Poland |
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Objections to Arts 6-8 being included in the text of the RegulationDiscussion; 4.5. Conditions for patent enforcement in the European Union; Harmonization of patent enforcement at the EU level -- Directive 2004/48/EC; Patent enforcement by customs and border control measures at the EU level -- Regulation 1383/2003; 4.6. The Internet as a factor in the technological shift in paradigm; 4.6.1. Overview of the Internet development; 4.6.2. Internet as a technology; 4.6.3. Regulation in the cloud: legal and socio-economic aspects of cyberspace; Cyberspace and Sovereignty |
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4.6.4. Internet as a factor in patent enforcement4.6.5. Geographically divisible inventions (GDIs)/Remotely integrated inventions; Characteristics; 4.6.6. Computer programs; 4.6.7. Conclusions on the Context of this Research; 5. Patent Infringement; 5.1. Determining patent infringement -- a conceptual overview; 5.1.1. All elements rule; 5.1.2. Impact of the EPC on national patent infringement proceedings; 5.2. National Context -- Germany ; 5.2.1. Introduction; 5.2.2. Structure of the German Patent System; 5.2.3. Territorial nature of patents under German law |
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5.3. National Context -- United Kingdom |
| Summary |
This work investigates the challenges of enforcement of patent rights in geographically divisible inventions. It considers aspects of technological progress which pose challenges to the established system of patent protection based on the territorial limitation of rights. The analysis focuses on substantive patent law, especially on the infringement provisions. It is carried out in the context of Internet-related inventions, which demonstrate an extraordinarily construed technical nature, namely geographical divisibility. This leads to the inquiry of whether the infringement standard is approp |
| Bibliography |
Includes bibliographical references |
| Notes |
"Zugl.: München, Univ., Diss., 2014." |
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Online resource; title from PDF title page (Ebsco, viewed May 13, 2015) |
| Subject |
Patent infringement.
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Patents (Joint tenancy)
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Patents (International law)
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LAW -- Intellectual Property -- Patent.
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Patent infringement
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Patents (International law)
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Patents (Joint tenancy)
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| Form |
Electronic book
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| ISBN |
9783653047325 |
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3653047323 |
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