Cross-Border Patent Infringement Litigation within the European Union

Michael Christian Alexander Kant

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In our modern industrial society, intellectual property (IP) rights, and in particular patents, constitute for many companies and individuals the essential basis for their business activity. In light of this, adequate protection of IP rights is of crucial importance for such entities. Within the European legal framework, the Brussels Ibis Regulation provides for specific rules with regard to cross-border patent infringement proceedings which however contain considerable deficiencies when it comes to the question to what extent adequate patent protection and enforcement is ensured.

This thesis analyses in detail which deficiencies with regard to jurisdiction rules of the Brussels Ibis Regulation being relevant for cross-border patent infringement proceedings exist at present. On the basis of the insight that general rules of jurisdiction (according to the Brussels Ibis Regulation) should apply also with regard to cross-border patent infringement proceedings, and in light of the analysis of the current deficiencies within the system of the Brussels Ibis Regulation, the thesis develops formulation proposals as to an amendment of the respective provisions. This approach is undertaken also by reference to existing reform proposals. The thesis finally considers the creation of the European patent with unitary effect and the Unified Patent Court (UPC) as an alternative to the present system of national patents and ordinary European patents without a special “European” patent judiciary while doubts remain as to the questions of whether the creation of the UPC effects legal certainty, whether it will work effectively, and whether it will effect a reduction of costs.
Originele taal-2English
KwalificatieDoctor of Philosophy
Toekennende instantie
  • Rijksuniversiteit Groningen
Begeleider(s)/adviseur
  • ten Wolde, Mathijs, Supervisor
  • Wezeman, Jan Berend, Supervisor
Datum van toekenning17-dec-2015
Plaats van publicatie[Groningen]
Uitgever
Gedrukte ISBN's978-90-367-8355-2
Elektronische ISBN's978-90-367-8354-5
StatusPublished - 2015

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