Resolving Patent Disputes in a Global Economy
PATENT LAW: A HANDBOOK OF CONTEMPORARY RESEARCH, Toshiko Takenaka and Rainer Moufang, eds., Edward Elgar, Forthcoming
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: Suggested Citation