Das Europäische Patent im Wandel.
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Beschreibung
»The European Patent Undergoing Change« The EU patent has finally arrived. After more than 40 years of negotiations, two EU-Regulations and a Convention pave the way for a unitary patent with international scope governed by the Unified Patent Court of the Member States. However, from the beginning the new unitary patent system to start working in 2017 was highly debated. Sebastian Fuchs puts the new system to the test. By identifying the main deficiencies of the present system of European patents, thereby suggesting solutions, the author analyses whether the all-new unitary patent system adequately balances the interests involved. Fuchs examines each systems' ability to hear cross-border infringement cases, its risk of Italian/Belgian torpedoes as well as the advantages and disadvantages of jointly or severally hearing infringement and validity matters and suggests a method for the computation of damages to act as a model for harmonisation. Moreover, the author provides the reader with comprehensive insights into the history and makeup of both the European patent as well as the unitary patent system identifying potential risks for a successful implementation.
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