The Creation of Harmonised Patent Protection in Europe

Subject matter

Unified Patent Protection in Europe: A Commentary ◽

10.1093/oso/9780198755463.003.0028 ◽

2018 ◽

Author(s):

Christoph Keussen

Keyword(s):

Subject Matter ◽

Patent Protection ◽

Council Decision ◽

The Creation ◽

Unitary Patent ◽

The Eu

Council Decision of 10 March 2011 2011/167/EU was a culminating point in the long-standing dispute described in the Introduction relating to the creation of unitary IP rights in the EU. In its only Article, it authorizes 25 MSs of the EU (all MSs at the time of the Decision with the exception of Spain and Italy) to establish enhanced cooperation between themselves in the area of the creation of unitary patent protection.

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Unified Patent Protection in Europe: A Commentary

10.1093/oso/9780198755463.001.0001 ◽

2018 ◽

Keyword(s):

Patent Protection ◽

Patent Law ◽

European Patent ◽

Authoritative Text ◽

Invaluable Tool ◽

Unified Patent Court ◽

The Creation ◽

Developing Area ◽

Law Professors ◽

New System

The creation of the Unified Patent Court (UPC) is the most prominent change in the European legal landscape for the last four decades. This book explains how the new system works in practice and how to make the best use of its provisions. It offers readers an in-depth and comprehensive commentary on the legal mechanisms of the upcoming ratified European Patent Law, and advice on potential problems that users of the forthcoming regulations may face. The book first describes the creation of the Unified European Patent Law and how its four new legislative texts interact. The new legislative texts are then explained and commented on in detail, rule by rule, with diverse approaches and perspectives from a practitioner team comprising patent litigators, European patent attorneys, law professors and patent judges. The Commentary takes into account the practical needs of users of the new system on both the prosecution and enforcement sides, addressing substantive and procedural problems. This book is the most authoritative text on the Unitary Patent and Unified Patents Court, and an invaluable tool for practitioners in this rapidly developing area of law.

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Is Patent Enforcement Efficient

10.31228/osf.io/5jvwx ◽

2018 ◽

Author(s):

Mark Lemley ◽

Robin C. Feldman

Keyword(s):

Technology Transfer ◽

Patent Protection ◽

Social Interest ◽

New Products ◽

Patent Licensing ◽

The Social ◽

The World ◽

Patent Enforcement ◽

The Creation

Traditional justifications for patents are all based on direct or indirect contribution to the creation of new products. Patents serve the social interest if they provide not just invention, but innovation the world would not otherwise have. Non-practicing entities (“NPEs”) as well as product-producing companies can sometimes provide such innovation, either directly, through working the patent or transferring technology to others who do, or indirectly, when others copy the patented innovation. The available evidence suggests, however, that patent licensing demands and lawsuits from NPEs are normally not cases that involve any of these activities. Some scholars have argued that patents can be valuable even without technology transfer because the ability to exclude others from the market may drive commercialization that would not otherwise occur. We demonstrate that even if various commercialization theories can sometimes justify patent protection, they cannot justify most NPE lawsuits or licensing demands.

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The role of affect in feelings of obligation

Behavioral and Brain Sciences ◽

10.1017/s0140525x19002449 ◽

2020 ◽

Vol 43 ◽

Author(s):

Stefen Beeler-Duden ◽

Meltem Yucel ◽

Amrisha Vaish

Keyword(s):

Positive Emotions ◽

The Creation ◽

Sense Of Obligation

Abstract Tomasello offers a compelling account of the emergence of humans’ sense of obligation. We suggest that more needs to be said about the role of affect in the creation of obligations. We also argue that positive emotions such as gratitude evolved to encourage individuals to fulfill cooperative obligations without the negative quality that Tomasello proposes is inherent in obligations.

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