Resolving Patent Disputes in a Global Economy

PATENT LAW: A HANDBOOK OF CONTEMPORARY RESEARCH, Toshiko Takenaka and Rainer Moufang, eds., Edward Elgar, Forthcoming

NYU Law and Economics Research Paper No. 08-48

NYU School of Law, Public Law Research Paper No. 08-48

28 Pages Posted: 17 Aug 2008 Last revised: 16 Nov 2008

Date Written: August 14, 2008

Abstract

The patent industries have discovered the global marketplace. While the practice of patented technologies is now international, patent rights remain territorial. Various international developments facilitate the acquisition of patent rights around the world. However, dispute resolution (including enforcement) remains a difficult problem. This Chapter begins by considering the ways that the problems posed by territoriality are alleviated by traditional legal practices, such as extraterritorial application of local law, consolidation of foreign and domestic claims and private agreements. It ends by describing alternative mechanisms, including deep harmonization and an agreement on a procedural framework for coordinating multinational litigation and judgment recognition.

Keywords: international intellectual property law, patents, enforcement, dispute resolution

JEL Classification: O34, K33, L82, L86

Suggested Citation

Dreyfuss, Rochelle Cooper, Resolving Patent Disputes in a Global Economy (August 14, 2008). PATENT LAW: A HANDBOOK OF CONTEMPORARY RESEARCH, Toshiko Takenaka and Rainer Moufang, eds., Edward Elgar, Forthcoming, NYU Law and Economics Research Paper No. 08-48, NYU School of Law, Public Law Research Paper No. 08-48, Available at SSRN: https://ssrn.com/abstract=1226562

Rochelle Cooper Dreyfuss (Contact Author)

New York University - School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States
212-998-6258 (Phone)
212-995-4760 (Fax)

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