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

Edited by: Christof Augenstein, Johanna Flythstrom

ISBN13: 9789403548463
Published: October 2023
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £105.00



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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.

Subjects:
Intellectual Property Law
Contents:
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
Nicolaj Bording and Victor Fasmer Henum
Chapter 6 Germany
Oswin Ridderbusch and Christof Augenstein
Chapter 7 Finland
Johanna Flythström and Juhani Sinkkonen
Chapter 8 France
Marc Lauzeral, Emmanuel Gougé, Jules Fabre and Nevyn Fournel
Chapter 9 Italy
Gualtiero Dragotti and Carlo M. Faggioni
Chapter 10 The Netherlands
Mark van Gardingen and J.C. Sebastian Pinckaers
Chapter 11 Portugal
Gonçalo de Sampaio
Chapter 12 Sweden
Louise Jonshammar
Appendix 1