International Protection of Patents

Trabajo de Seminario , 2003 , 71 Páginas , Calificación: n/v (August 2003)

Derecho - Otros

The modern liberal state hesitates to grant monopolies to its citizens. If such privileges are granted nowadays, there has to be a strong justification for thus breaching the principal of equal treatment. All Intellectual Property rights, whether registered like Industrial Designs, Trade marks or not registered as Copyrights or Companies’ Goodwill (Passing off), create monopolies, since the right holder may prevent others from using his thought, the idea or invention.

Since intellectual property is insubstantial and therefore not visible, on the other hand, these rights must be protected by the state in a different way than the rights of property or possession of tangible assets. It is easy and cheap to reproduce intellectual property and – prima faciebeneficial into the bargain. To develop intellectual property by one self is time-consuming and cost-intensive. But people stop doing so immediately if the result of their work is not protected against copying, as there is no incentive to create new intellectual property.

Table of Contents

• Preface
• Contents
• Bibliography
• Table of cases
• CHAPTER 1: International Patents
  • Introduction
  • Application for Patent in multiple countries
  • International Legal Protection
  • International Patent Treaties
• CHAPTER 2: Paris Convention
  • Introduction
  • Subject Matter
  • Impact
  • Pitfalls
• CHAPTER 3: Patent Convention Treaty
  • Introduction
  • Procedure
  • Impact
  • Pitfalls
• CHAPTER 4: European Patent Convention
  • Introduction
  • Procedure
  • Impact
  • Pitfalls
• CHAPTER 5: Recent developments
  • Introduction
  • TRIPS
  • (Substantive) Patent Law Treaty
  • EAPO, ARIPO & OAPI
  • EC Community Patent
• CHAPTER 6: Cross-border enforcement
  • Cross-border patent enforcement strategies
  • Cross-border patent infringement defences
  • Selecting the governing law
  • Recent developments
• CHAPTER 7: Conclusions
• APPENDIX I: Basic principles
  • Introduction
  • The origin of patents
  • Patentability
  • Procedure
  • Scope of monopoly
  • Property rights and exploitation
  • Revocation
• APPENDIX II: Sample PCT Application
• APPENDIX III: Sample EPC Application

Objectives and Key Themes

This work provides an overview of the current state of international patent protection. It aims to analyze the application process, the grant of patents on an international level, and the cross-border enforcement of patent rights.

• International patent treaties and their impact on national patent laws
• The procedures for applying for and obtaining patents in multiple countries
• The challenges and complexities of enforcing patent rights across borders
• Recent developments in international patent law, including the TRIPS agreement and the proposed Community Patent
• The economic and social consequences of counterfeit and piracy.

Chapter Summaries

• CHAPTER 1: International Patents: This chapter introduces the concept of international patents and discusses the various international legal frameworks that govern their protection, such as the Paris Convention and the Patent Cooperation Treaty.
• CHAPTER 2: Paris Convention: This chapter delves into the Paris Convention for the Protection of Industrial Property, a key international treaty that aims to harmonize patent protection across signatory countries. It outlines the convention's provisions, its impact on national patent laws, and potential pitfalls.
• CHAPTER 3: Patent Convention Treaty: This chapter explores the Patent Cooperation Treaty (PCT), an international treaty facilitating the filing of patent applications in multiple countries simultaneously. It examines the procedure for filing applications under the PCT, its impact on patent application processes, and potential challenges.
• CHAPTER 4: European Patent Convention: This chapter focuses on the European Patent Convention (EPC), a regional treaty that harmonizes patent protection within the European Union. It outlines the procedure for obtaining a European patent, its impact on the European patent system, and potential obstacles.
• CHAPTER 5: Recent developments: This chapter examines recent developments in international patent law, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the proposed Patent Law Treaty, and the efforts to establish regional patent systems, such as the Eurasian Patent Organization (EAPO) and the African Regional Intellectual Property Organization (ARIPO).
• CHAPTER 6: Cross-border enforcement: This chapter explores the complexities of enforcing patent rights across national borders. It examines strategies for cross-border patent enforcement, defenses against patent infringement claims, the selection of governing law in international patent disputes, and recent developments in this area.

Keywords

The main keywords and focus topics of this work include international patent protection, international patent treaties, patent application process, patent grant, cross-border enforcement, infringement, and recent developments in international patent law.

• Universidad: University College Dublin (Faculty of Law)
• Curso: International Business Law (LL.M.)
• Calificación: n/v (August 2003)
• Autor: Thomas Schmidt (Autor)
• Año de publicación: 2003
• Páginas: 71
• No. de catálogo: V12870
• ISBN (Ebook): 9783638186612
• Idioma: Inglés
• Etiqueta: Patentrecht, Intellectual Properties, international patent law, internationales Patentrecht, Internationaler Schutz von Patenten