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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Intellectual property, copyright & patents
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Fragmentation and the European Patent System (Hardcover)
Loot Price: R3,100
Discovery Miles 31 000
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Fragmentation and the European Patent System (Hardcover)
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This book provides an in-depth study on current perceptions of, and
responses to, fragmentation in the European patent system (EPS).
For decades, attempts have been made to address this fragmentation
by introducing a unitary patent system. The most recent attempt,
the EU unitary patent system, will be the first of its kind. It is
expected to significantly change the EPS. However, rather than
reducing existing fragmentation, it will likely add to it. Based on
an analysis of the current and forthcoming system, the book argues
that the inherent nature of fragmentation within the EPS needs to
be recognised and suggests that a multifaceted approach is required
to respond to it. Uniquely, it draws on work regarding
fragmentation outside of the patent and intellectual property
regimes, gaining insights from both European law-making and the
international legal system. These insights are used to investigate
current responses to fragmentation in the EPS. Interpretations of
substantive patent law are examined, including claim construction
(Actavis v Eli Lily), exceptions to patentability related to uses
of human embryos for industrial or commercial purposes (WARF,
Brustle, ISCC), and products resulting from essentially biological
processes (Broccoli and Tomatoes II, G3/19). Attempts towards
convergence in these areas have had mixed results and in some
instances fragmentation may be necessary. However, similar
techniques to those applied in the international legal system to
respond to fragmentation are being used in the EPS, and, where this
is seen, it has been to good effect. It is argued that these
methods should be recognised, structured, and promoted to make our
response to fragmentation more effective. Fragmentation and the
European Patent System will be of interest to academics, students
and practitioners looking for a new perspective on the EPS.
General
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