Synopses & Reviews
The enforcement of patent rights raises complex, and, from a private international law perspective, unique difficulties. This book analyzes in detail both the European rules on jurisdiction (the Brussels Convention and its successors) and the choice of law rules as they apply to cross-border patent disputes, and will be essential reading for both intellectual property lawyers and international commercial litigation specialists.
About the Author
Dr.
Marta Pertegás Sender is qualified as a barrister at the Barcelona bar, and practices part-time as an associate with firm Nauta Dutilh in Brussels specializing in the fields of international litigation and intellectual property. She is a part-time Lecturer in Private International Law at K.U. Leuven, and regularly lectures on European law and private international law in Spain, Poland, Latvia, Slovenia and the Czech Republic, and has published extensively in the field of international litigation and conflict of laws. She has previously worked at the European Parliament, and since 1994 as an assistant to prof. Van Houtte at the Institute of International Trade Law (Louvain, K.U. Leuven).
Table of Contents
Part I: Introduction The Internationalisation of Patent Law
The Supranationalisation of Patent Law
Purpose and Structure of the Work
Part II: Extraterritorial jurisdiction
Introduction
Foundations of Jurisdiction Rules Applicable to Patent Disputes
The Current Vehicles Towards Extraterritorial Jurisdiction
Part III: Cross-border Patent Enforcement Strategies
Introduction
Cross-border Litigation at the Defendant's Domicile
Cross-border Litigation at the Place of the Infringement
Preliminary and Interlocutory Cross-border Litigation
Part IV: Opposition to Cross-border Patent Infringement Actions
Introduction
Challenging the Validity of a Patent
Declaration of Non-infringement
Challenging the Enforcement of Foreign Cross-border Decisions
Part V: Selecting the Governing Law
Introduction
The Construction of Conflict of Law Rules Applicable to Patent Infringement Cases
Sources of Conflict of Law Rules
Comparative Overview of Choice of Law Rules Applicable to Patent Infringement Disputes
Case Study: Which Law Applies to Patent Disputes Brought Before the Belgian Courts ?
Concluding Remarks
Part VI: General Conclusions
The Necessity of Cross-border Patent Enforcement
The Availability of Cross-border Patent Enforcement
The Unpredictability of Cross-border Patent Enforcement
Bibliography