Chapter

Enforcing Parallel Patents

Marketa Trimble

in Global Patents

Published in print April 2012 | ISBN: 9780199840687
Published online May 2012 | e-ISBN: 9780199933013 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199840687.003.0009
Enforcing Parallel Patents

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This chapter reviews both the private international law solutions and the institutional solutions to the problem of enforcement of parallel patents and analyzes the hurdles to their implementation. The chapter first presents the only private international law solution that has been tested—the regime used in Europe that was originally formed under the Brussels and Lugano Conventions—and explains the problems that the regime generated; it then shows how these problems were or are being mitigated. Further sections of the chapter discuss the international treaty and two major proposals that were developed as instruments of private international law—The Hague Convention, the American Law Institute Principles, and the Principles drafted by the Group for Conflict of Laws in Intellectual Property organized within the Max Planck Institute for Intellectual Property and Competition Law. The chapter goes on to analyze the hurdles to adoption of the private international solutions. Specifically, using the situations in the United States and Germany as examples, it examines the reluctance of courts to decide questions of foreign patent validity. It then turns to the institutional solutions as they have been discussed in Europe and suggests the reasons for the delay in their adoption. Finally, the chapter summarizes the barriers that exist to the adoption and implementation of both types of solutions at the global level.

Keywords: private international law; patent law; patent protection; parallel patents

Chapter.  20162 words. 

Subjects: Intellectual Property Law

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