Fragmented Infringement of Computer Program Patents in the Global Economy
26 Pages Posted: 14 Mar 2007 Last revised: 27 Oct 2020
Date Written: January 15, 2008
Abstract
Complex questions seem to arise as validly granted computer program and Internet related patents are used and enforced. Enforcement of computer program and Internet patents raises several interesting points that shed lights on how the doctrines surrounding patent infringement is structured. As computer programs are highly accumulative, and incremental, even when used in a non-Internet context, computer program patents increases possibility of partial or incomplete infringement. In today's globalized economy, modular production of computer program products often involve cross border production, utilizing lower production costs. On the other hand, the concept of patent right, based on national patent law, is based on the idea that the effect of right is territorial, and its infringement often by a singular and complete action. In this context, this paper discusses how the computer program patent challenges this model of single infringer, within one territory with one complete action of infringement. In the context of globalised economy, this paper comparatively reviews some of the theories of infringements in the patent laws of Japan, the US and in Europe, that aim to bridge the patchwork patent infringement doctrines to regulate these fragmented activities.
Keywords: global economy, territoriality, patent infringement, cross border enforcement
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