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In our technological society patent law plays a central role as an
incentive for the development and marketing of new technologies in
many fields of business. The number of patent applications
continues to grow considerably every year. International and
European conventions and other instruments have been implemented in
order to simplify the application for and enforcement of patents
and which also govern the scope of protection afforded by a patent
in Europe. Others are being planned. This second edition of Concise
European Patent Law aims to offer the reader a rapid understanding
of all the provisions of patent law in force in Europe that have
been enacted at the European and international levels. This volume
takes the form of an article-by-article commentary on the European
Patent Convention and the relevant European Community legislation
and international treaties. It is intended to provide the reader
with a short and straightforward explanation of the principles of
law to be drawn from each provision, with references to the most
important case law. Editors and authors are prominent specialists
(both academics and practitioners) in the field of international
and European patent law.Concise European Patent Law, second edition
is one of a series of volumes of commentary on European
Intellectual property legislation edited by Thomas Dreier, Charles
Gielen and Richard Hacon, based on the respected German and Dutch
series 'Kurzkommentar and Tekst en Commentaar.'
The United States, Germany, and Japan constitute the three most
significant patent systems, but there is considerable variation in
procedure and jurisprudence between them. A comparison of these
systems for patent enforcement can illuminate historical pathways
and contemporary conduits to address contemporary challenges and
encourage the adoption of new legal ideas. This book provides a
comprehensive guide to the extent of patent protection, validity
challenges, enforcement procedures, and infringement remedies in
these three major jurisdictions. By examining the major provisions
of patent statutes and court decisions in these markets, it
explores fundamental patent theories and principles, evaluates
current systems, and proposes best practice for patent enforcement
in developed, emerging, and frontier markets. Comparative analysis
and historical jurisprudence of the three core paradigms in patent
enforcement will to help readers to develop a more nuanced
understanding of current systems and how a legal innovation in one
jurisdiction is adopted in others. Authored by a team of academics
and experienced patent practitioners, it provides invaluable
first-hand experience and insightful discussion of patent
jurisprudence that will be of great interest to academics,
policy-makers and practitioners alike.
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