0
Your cart

Your cart is empty

Books

Buy Now

Fragmentation and the European Patent System Loot Price: R1,715
Discovery Miles 17 150
Fragmentation and the European Patent System: Karen Walsh

Fragmentation and the European Patent System

Karen Walsh

 (sign in to rate)
Loot Price R1,715 Discovery Miles 17 150 | Repayment Terms: R161 pm x 12*

Bookmark and Share

Expected to ship within 10 - 15 working days

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, Brüstle, 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

Imprint: Hart Publishing
Country of origin: United Kingdom
Release date: February 2024
Authors: Karen Walsh
Dimensions: 234 x 156mm (L x W)
Pages: 256
ISBN-13: 978-1-5099-6143-6
Categories: Books
LSN: 1-5099-6143-7
Barcode: 9781509961436

Is the information for this product incomplete, wrong or inappropriate? Let us know about it.

Does this product have an incorrect or missing image? Send us a new image.

Is this product missing categories? Add more categories.

Review This Product

No reviews yet - be the first to create one!

Partners