Comparative patent remedies : a legal and economic analysis
Author(s)
Bibliographic Information
Comparative patent remedies : a legal and economic analysis
Oxford University Press, c2013
- : [pbk.]
Available at 4 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Bibliography: p. 383-419
Includes index
Description and Table of Contents
Description
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.
Table of Contents
- 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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