Details
Due to the lack of a European patent court, both the EPO and national judges interpret European patents and European patent law. This results in diverging interpretation across Europe and costly litigation for patent holders. Stefan Luginbuehl’s proposals to promote the goal of a uniform interpretation of patent law and ease the difficulties are timely and highly insightful.
Dealing with important legal and political issues related to European patent litigation and the establishment of a common patent litigation system, this book will appeal to practitioners, patent litigators, patent attorneys and judges specialised in patent litigation. Academics teaching and learning IP (patent law), private international law, or international civil procedure, will find this study interesting as the book deals with important aspects of national and international patent litigation, as well as procedural and structural questions related to the establishment of a patent court for Europe.
Part I: New Ways to Achieve a Uniform Interpretation of European Patent Law and Possible Solutions to the Problems Related to Them
1. Specialised National Patent Courts
2. Forum Shopping Related to Patent Litigation in Europe
3. Conclusion in Regard to the Unification of Interpretation and Avoiding Multiple Litigation by Way of Specialised National Courts and Forum Shopping
4. Combination of Concentration of Litigation at the National Level and Other Measures
Part II: Proposals for a Common Patent Court in Europe
5. The European Patent Court Based on the Proposal of the Working Party on Litigation of the European Patent Organisation
6. The Patent Court for Europe Based on the Proposals for an Agreement on the European and EU Patents Court (EEUPC)
7. Summary and General Conclusions
Stefan Luginbuehl, PhD, Lawyer, European Patent Office, Germany
'‘Stefan has written a valuable work – no one else has attempted anything like it. Anyone interested in the future of the European patent system in Europe should read it.’
– Professor the Rt Hon. Sir Robin Jacob, European Intellectual Property Review
‘Luginbuehl’s detailed and lucid analysis provides a snapshot of the state of affairs in European patent law, of the problems haunting it and of some possible ways forward. In this, the book profits from the author’s inside knowledge of the European patent system, including its ups and downs. Luginbuehl is clearly one of the best-placed observers to undertake such reflections and has, accordingly, presented his readership with a very pertinent work. . . the book is also valuable to readers in terms of its extensive referencing by way of footnotes and bibliography. Readers will also appreciate the straightforward and easily accessible linguistic style adopted by the author, in addition to a word index, which allows for a quick identification of text portions of particular interest. . . highly recommended to anyone who is professionally involved or generally interested in European IP and patent law, academics and practitioners alike.’
– Thomas Jaeger, China-EU Law Journal
‘The book is explaining in detail the current discussion regarding the unification of European patent law. It explains the current national legal practices in Europe, describing the legal and factual issues and the different approaches to achieve unification. The book manages to show the complex situation and the different opinions from the beginning of the discussion in a clear and comprehensive manner without requiring previous knowledge of the reader and is therefore to be recommended for everyone interested.’
– Jochen Pagenberg, LL.M. Harvard, President EPLAW and Thomas Schachl, LL.M., Attorney-at-law, Germany
