Journal Article

Patent damages: the European landscape

Gregory J. Urbanchuk and James R. Tumbridge

in Journal of Intellectual Property Law & Practice

Volume 3, issue 9, pages 576-579
Published in print September 2008 | ISSN: 1747-1532
Published online July 2008 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpn122
Patent damages: the European landscape

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Legal context

This article looks at the diverse attitudes of the EU jurisdictions to damages in IP matters.

Key points

A summary of key European jurisdictions and an over view of how far harmonization across Europe have occurred in the area of IP damages.

Practical significance

The purpose of this article is to give an overview of the differing approaches to damages across Europe to aid multi-jurisdictional damages calculations and litigation strategy.

Keywords: Businesses and consumers are increasingly becoming more global and this convergence is being driven, in part, by the spread of technology.; The convergence of global markets and the spread of technology create unique challenges for inventors and companies seeking to enforce their patent rights in foreign jurisdictions.; While global markets continue to converge, the same cannot be said for the rules governing the quantification of damages when enforcing patent rights.

Journal Article.  2611 words. 

Subjects: Arbitration ; Intellectual Property Law

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