The jurisdiction of European courts in patent disputes

Auteurs

• Ansgar Ohly

Paramètres

• Droit, Littérature juridique
• Littérature juridique

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There is no unified European court for patent infringement and revocation disputes concerning European patents validated in contracting states. Typically, each national part of a European patent is litigated separately. The Unitary Patent package aims to establish a single patent for up to 26 EU member states and a Unified Patent Court to handle infringement and revocation disputes for both Unitary and classical European patents. The Brussels Regime outlines the jurisdiction rules for national courts in civil and commercial matters, including patents. The 2014 update to the Brussels Ia Regulation incorporated the Unified Patent Court as a common court for contracting member states. This manual explains the Brussels Ia Regulation and the Lugano Convention as they relate to patent disputes, detailing the jurisdictional options available to plaintiffs. It considers relevant case law from the Court of Justice of the European Union. Developed by the author alongside expert European patent judges and lawyers, the manual employs a blend of theory, charts, and scenarios to clarify the jurisdictional landscape of the European patent litigation system.

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• Année de publication: 2018