CiNii 図書 - Comparative patent remedies : a legal and economic analysis

Nations throughout the world receive more patent applications, grant more patents, and entertain more patent infringement lawsuits than ever before. To understand the contemporary patent system, it is crucial to become familiar with how courts and other actors in different countries enable patent owners to enforce their rights. This is increasingly important, not only for firms that seek to market their products worldwide and for the lawyers who provide them with counsel, but also for scholars and policymakers working to develop better policies for promoting the innovation that drives long-term economic growth. Comparative Patent Remedies provides a critical and comparative analysis of patent enforcement in the United States and other major patent systems, including the European Union, Japan, Canada, Australia, China, South Korea, Taiwan, and India. Thomas Cotter shows how different countries respond to similar issues, and suggests how economic analysis can assist in adapting current practice to the needs of the modern world. Among the topics addressed are: how courts in various nations award monetary compensation for patent infringement, including lost profits, infringer's profits, and reasonable royalties; the conditions under which patent owners may obtain preliminary and permanent injunctions, including cross-border injunctions in the European Union; the availability of various options for potential defendants to challenge patent validity; and other matters, such as the availability of criminal enforcement and border measures to exclude infringing goods.

Preface
Chapter 1: Introduction
What Patents Are
International Obligations
Benefits and Costs of Patent Systems
On Comparative Law and Economics, and the Plan of this Book
Identifying Differences and Similarities
Positing possible reasons for the differences
Positive analysis
Normative analysis
Chapter 2: A Framework for Patent Remedies
The Impact of Infringement
Some General Implications
Implications: Injunctive Relief
Implications: Damages
Conclusion
Chapter 3: Patent Remedies in the United States
Overview: The U.S. Patent and Judicial Systems
Patent Remedies: Historical Development
Injunctions
Damages
Damages: Lost Profits
Damages: Reasonable Royalties
Enhanced Damages
Attorneys' Fees, Costs, and Interest
Awards of Infringer's Profits in Design Patent Cases
Declaratory Judgments
Conclusion
Chapter 4: Patent Remedies in the United Kingdom, Canada, and Australia
Introduction
Overview
Patent Remedies: An Overview
Injunctions
Damages
Lost Profits
Reasonable Royalties
Accounting of Defendant's Profits
Enhanced Damages, Attorneys' Fees, Interest
Declaratory judgments, oppositions, and invalidation proceedings
Summary
Chapter 5: Patent Remedies in Continental Europe
Introduction
Overview
Remedies
Preliminary and Permanent Injunctions
Cross-Border Injunctions and Torpedo Actions
Damages: General Considerations
Damages: Lost Profits
Damages: Reasonable Royalties
Defendant's Profits
Enhanced Damages, Attorneys' Fees, Interest
Oppositions, Invalidation Proceedings, and Declaratory Judgments
Conclusion
Chapter 6: Patent Remedies in Japan
Introduction
Overview
Patent Remedies: An Overview
Preliminary Injunctions, Permanent Injunctions, and Border Measures
Damages: Overview
Lost Profits
Reasonable Royalties
Defendant's Profits
Enhanced Damages, Attorney's Fees, Interest
Invalidation Actions and Declaratory Judgments
Summary
Chapter 7: Patent Remedies in China and Selected Other Patent Systems
Introduction
China: Overview
China: Remedies
China: Injunctions
China: Damages
China: Invalidity Proceedings
South Korea and Taiwan
India
Summary
Chapter 8: Conclusion
Table of Cases
Index

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Comparative patent remedies : a legal and economic analysis

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