Mexican Patent Litigation, International Intellectual Property Treaties and the Extension of Patent Term of Protection

2019 ◽  
Vol 51 (1) ◽  
pp. 6-30
Author(s):  
Roberto Garza Barbosa
Keyword(s):  
Intellectual Property ◽  
Patent Litigation ◽  
Patent Term

How Fair is Patent Litigation in China? Evidence from the Beijing Courts

2019 ◽  
Vol 241 ◽  
pp. 247-261
Author(s):  
Chenguo Zhang ◽  
Jin Cao
Keyword(s):  
Intellectual Property ◽  
Field Research ◽  
Patent Law ◽  
Intellectual Property Right ◽  
Patent Litigation ◽  
The Third ◽  
Upper Limit ◽  
Chinese Patent ◽  
The Right ◽  
Trade Partners

AbstractBy conducting field research and analysing judgments delivered in Beijing courts from 2004 to 2011, we find that the popular notion held by China's trade partners of the inadequacy of intellectual property protection is only partly supported by the empirical evidence. The likelihood of winning lawsuits is higher for foreign than domestic plaintiffs and the extremely low damages ruled by Chinese courts are due to particular causes. Courts lack consistent methods to calculate incurred losses in intellectual property right (IPR) infringements and consequently routinely apply the statutory damages whose upper limit is restricted by legislation. Efforts by Chinese legislators to enhance compensation by lifting the upper limit of awardable statutory damages in the Third Amendment of Chinese Patent Law (2008) did not seem to have an effect on our sample. Chinese policymakers should instead focus on the cause of the issue by providing more implementable guidelines for courts to calculate losses. Courts need to develop applicable conventions for calculating damages, based on objective criteria of how much compensation ought to be payable, which is also the basis of calculating reasonable statutory damages. Thus, the new provision of the “right of information” on pirated goods proposed by the ongoing Fourth Amendment provides a significant weapon to combat counterfeiting.

The Constitutional Implications of the EU Patent

2011 ◽  
Vol 7 (2) ◽  
pp. 229-266 ◽  
Author(s):  
Steve Peers
Keyword(s):  
Intellectual Property ◽  
Patent Protection ◽  
Patent Litigation ◽  
Eu Law ◽  
Council Decision ◽  
Unitary Patent ◽  
The Eu

Council Decision of March 2011 to authorize enhanced co-operation as regards unitary patent protection – Proposed Regulations implementing enhanced co-operation in this area – Proposed treaty concerning patent litigation – Challenges to the validity of the decision authorizing enhanced co-operation – Incompatibility of the patent litigation treaty with EU law – EU external competence concerning intellectual property and civil jurisdiction issues

scholarly journals A Network Analysis Approach to Intellectual Property Research

2021 ◽  
pp. 506-522
Author(s):  
Rudi Bekkers ◽  
Arianna Martinelli
Keyword(s):  
Intellectual Property ◽  
Network Analysis ◽  
Structural Characteristics ◽  
Patent Citation ◽  
Citation Networks ◽  
Patent Litigation ◽  
Technological Leadership ◽  
Evolution Of Technology ◽  
Submarine Cables ◽  
Analytical Tools

Network Analysis (NA) provides a set of quantitative analytical tools used to examine the structural characteristics of networks. This analysis can be applied to any type of network (e.g. social networks, networks emerging from scientific collaborations, and networks of submarine cables). It is increasingly used on networks derived from intellectual property (IP) data, such as patent citation networks, patent co-inventors’ networks, and patent litigation networks. In this context, the analyses of the structure and the dynamics of these networks can provide valuable insights about the technological relations between firms, the assessment of firms technological leadership, and the evolution of technology. This chapter aims to provide an introduction to network analysis and illustrates its application using patent citation networks.

The Intellectual Property Holding Company

2017 ◽  
Author(s):  
Jeffrey A. Maine ◽  
Xuan-Thao Nguyen
Keyword(s):  
Intellectual Property ◽  
Holding Company ◽  
Property Holding
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