Comparative patent remedies : a legal and economic analysis

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Bibliographic Information

Comparative patent remedies : a legal and economic analysis

Thomas F. Cotter

Oxford University Press, c2013

  • : [pbk.]

Available at  / 4 libraries

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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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