1,721,073 research outputs found
Emerging Scholars Series: Cross-Border Injunctions in U.S. Patent Cases and Their Enforcement Abroad
Full text linkInjunctions enforcing a patentee\u27s right to exclude provide an incentive to invent; however, injunctions are only effective if they can be enforced. Enforcing an injunction becomes problematic when other jurisdictions are involved, yet plaintiffs request such injunctions despite the potential inherent difficulties of cross-border enforcement. The author empirically analyzes the number and types of cross-border injunctions issued in the United States against foreign entities by discussing methods of enforcing injunctions abroad and the difficulties inherent in those methods. Comparing cases of cross-border injunctions issued by European courts, the author reviews the controversial pan-European injunction that covers not only the territory of other countries but also other countries\u27 patents. The author notes that while U.S. injunctions cross borders, they do not extend to foreign patents, whereas pan-European injunctions extend to domestic and foreign patents. Moreover, defendants may raise design-around arguments in injunction proceedings, which would require courts to decide whether the new product still infringes the patent, even though courts prefer not to interpret foreign patent claims and their scope. Recent case law suggests that courts should not adjudicate foreign patent infringements. In conclusion, the author encourages ongoing debate about international solutions that support a system for effective cross-border patent enforcement
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Global patents ::limits of transnational enforcement /
No full text"In today's globalized economy, many inventors, investors and businesses want their inventions to be protected in many, if not most, countries. However, there currently exists no single patent that will protect an invention globally, and despite the attempts in international treaties to simplify patenting, the process remains complicated, lengthy, and expensive. Furthermore, the necessity of enforcing patents in multiple countries exists without any possibility of concentrating in one location any parallel proceedings that concern the same invention and the same parties, thus making the maintenance of parallel patents infeasible. Global Patents: Limits of Transnational Enforcement, by Marketa Trimble, explains why the absence of a "global patent" persists, and discusses the events in the 140-year history of patent law internationalization that have shaped the solutions. The author analyzes the ways in which patent holders attempt to mitigate the problems that arise from the lack of global patent protection. One way is to concentrate enforcement in one court of patents granted in multiple countries, which makes the enforcement of the patents less costly and more consistent. Another way is to attempt to use the litigation of a single country patent to reach acts that occur outside the country, which can mitigate the lack of patent protection outside the country. However, both the concentration of proceedings and extraterritorial enforcement suffer from significant limitations. Global Patents explains these limitations and presents the solutions that have been proposed to address them. The book includes a thorough comparative analysis of the extraterritorial features of U.S. and German patent laws, and original statistics on U.S. patent litigation. Based on a comprehensive treatment of the various facets of transnational enforcement challenges, the author proposes the next stage of patent law internationalization"--Provided by publisher
Global Patents: Limits of Transnational Enforcement
Full text linkIn today’s globalized economy, many inventors, investors and businesses want their inventions to be protected in many, if not most, countries. However, there currently exists no single patent that will protect an invention globally, and despite the attempts in international treaties to simplify patenting, the process remains complicated, lengthy, and expensive. Furthermore, the necessity of enforcing patents in multiple countries exists without any possibility of concentrating in one location any parallel proceedings that concern the same invention and the same parties, thus making the maintenance of parallel patents infeasible.
Global Patents: Limits of Transnational Enforcement explains why the absence of a “global patent” persists, and discusses the events in the 140-year history of patent law internationalization that have shaped the solutions. The author analyzes the ways in which patent holders attempt to mitigate the problems that arise from the lack of global patent protection. One way is to concentrate enforcement in one court of patents granted in multiple countries, which makes the enforcement of the patents less costly and more consistent. Another way is to attempt to use the litigation of a single country patent to reach acts that occur outside the country, which can mitigate the lack of patent protection outside the country. However, both the concentration of proceedings and extraterritorial enforcement suffer from significant limitations. Global Patents explains these limitations and presents the solutions that have been proposed to address them. The book includes a thorough comparative analysis of the extraterritorial features of U.S. and German patent laws, and original statistics on U.S. patent litigation. Based on a comprehensive treatment of the various facets of transnational enforcement challenges, the author proposes the next stage of patent law internationalization.https://scholars.law.unlv.edu/books/1062/thumbnail.jp
International Intellectual Property Law, Cases and Materials, 4th
No full textThis casebook organizes contemporary foreign, as well as U.S., case law and literature to equip law students with the knowledge they need to engage in international intellectual property practice, in both transactional and litigation settings. Carefully selected materials also expose students to the social, economic, and cultural considerations that underpin intellectual property law around the world. Each field of law - copyright, patent, trademark, unfair competition, trade secrets, industrial design - is introduced by a comprehensive author\u27s note placing the field in its international and comparative law context, and extensive notes on the cases and materials fill in relevant details, including currently and historically important topics. A substantially expanded teacher\u27s guide offers step-by-step help to teaching every case and doctrine.https://scholars.law.unlv.edu/books/1077/thumbnail.jp
Undetected Conflict-of-Laws Problems in Cross-Border Online Copyright Infringement Cases
Full text linkThis article provides and analyzes data on copyright infringement cases filed in U.S. federal district courts in 2013; it focuses on infringement cases involving activity on the internet and discusses actual and potential conflict-of-laws issues that the cases raised or could have raised. The article complements the report entitled Private International Law Issues in Online Intellectual Property Infringement Disputes with Cross-Border Elements: An Analysis of National Approaches (the Report ), which was published by the World Intellectual Property Organization in September 2015. In the Report its author, Professor Andrew F. Christie, discusses his empirical findings about the intersection of intellectual property ( IP ) law and conflict of laws and concludes that training activities, further research, and development of soft law would be the optimal means to address conflict-of-laws issues associated with cross-border IP infringements. This article arrives at a different conclusion: while training activities, further research, and the development of soft law may raise awareness of the issues, they will not solve the core problems that IP rights holders face when they strive to protect their rights against infringements on the internet. Development and coordination of conflict-of-laws rules, improvements in judicial cooperation, and streamlining of judicial proceedings in cross-border cases will be indispensable for addressing the issues effectively
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Targeting Factors and Conflict of Laws on the Internet
Full text linkCourts have employed the concept of targeting to limit the reach of personal jurisdiction and applicable law on the Internet. To determine whether a defendant has targeted a particular country or state-and whether the defendant should be subject to the jurisdiction of and law in that country or state-courts consider various factors, such as the language, the top-level domain, and the currency used by the defendant on the Internet. However, developments in Internet technology and increasing Internet actor and user sophistication put the significance of the factors into question. In the absence of a defendant\u27s express limitation on the territorial reach of its actions, such as through geoblocking or disclaimers accompanied by defendant conduct that is consistent with any disclaimers, courts should assume that the defendant has targeted all countries connected to the Internet. This approach may result in courts finding personal jurisdiction over a defendant more frequently, thus raising legitimate concerns about possible overexposure of Internet actors to personal jurisdiction and applicable law. However, any overexposure that might result from this approach will be mitigated by a number of procedural and practical constraints and, to the extent that overexposure might exist, additional solutions should be created from the already existing solutions that address complexities in the national legal systems
The EU Anti-Blocking Regulation Becomes Effective Today
Full text linkIn this guest post on the Technology & Marketing Law blog, Prof. Trimble explains the significance this new regulation will have on business here and abroad
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