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Enforcement of Decisions of the Unified Patent Court: A Survey of Participating Member States

Enforcement of Decisions of the Unified Patent Court: A Survey of Participating Member States

Author: Christof Augenstein; Johanna Flythstrom
Publisher: Kluwer Law International
ISBN: 9789403548463
Published In: October 2023
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

The European patent litigation landscape has faced a reform through the launch of the Unified Patent Court (UPC) system. The UPC provides for a centralized system for litigating patents in participating member states. The purpose of the UPC is to harmonize and improve the enforcement of patents and the defence against unfounded claims and patents which should be revoked, and to enhance legal certainty for litigation relating to the infringement and validity of patents.

At the end of the UPC proceedings, the UPC issues an enforceable court order, which must be enforced against a non-complying party. Such orders are directly enforceable in member states. This book provides practitioners with a view on the national enforcement proceedings for enforcing the orders issued by the UPC.

This first edition of the book covers Austria, Belgium, Bulgaria, Denmark, France, Finland, Germany, Italy, the Netherlands, Portugal, and Sweden. The chapters of the book follow the same outline, which makes this book easily accessible and allows comparisons between different jurisdictions.

The twenty-one contributors to the book are all patent litigation experts with broad experience from their jurisdictions.

This is the ninth volume in the AIPPI Law Series which has been established together with the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels.

Foreword

Shoichi Okuyama, President of AIPPI

Acknowledgements

Chapter 1 Enforcement of Unified Patent Court Decisions

Christof Augenstein and Johanna Flythström

Chapter 2 Austria

Rainer Schultes and Rainer Beetz

Chapter 3 Belgium

Sophie Lens and Christophe Ronse

Chapter 4 Bulgaria

Dimitar Batakliev

Chapter 5 Denmark