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Informationen zum Autor Dr Marta Pertegás Sender is qualified as a barrister at the Barcelona bar, and practices part-time as an associate with firm Nauta Dutilh in Brussels specializing in the fields of international litigation and intellectual property. She is a part-time Lecturer in Private International Law at K.U. Leuven, and regularly lectures on European law and private international law in Spain, Poland, Latvia, Slovenia and the Czech Republic, and has published extensively in the field of international litigation and conflict of laws. She has previously worked at the European Parliament, and since 1994 as an assistant to prof. Van Houtte at the Institute of International Trade Law (Louvain, K.U. Leuven). Klappentext The enforcement of patent rights raises complex, and, from a private international law perspective, unique difficulties. This book analyzes in detail both the European rules on jurisdiction (the Brussels Convention and its successors) and the choice of law rules as they apply to cross-border patent disputes, and will be essential reading for both intellectual property lawyers and international commercial litigation specialists. Zusammenfassung The enforcement of patent rights raises complex, and, from a private international law perspective, unique difficulties. Since intellectual property practitioners started to seek the consolidation of cross-border patent disputes, the interplay of private international rules has led to drastic changes in patent litigation across Europe. This book analyses in detail both the European rules on jurisdiction (the Brussels Convention and its successors) and the choice of law rules as they apply to cross-border patent disputes, and will be essential reading for both intellectual property lawyers and international commercial litigation specialists.At the jurisdictional stage, the basic question is whether the current jurisdictional framework provides a basis for the concentration of related litigation. For jurisdictional purposes, patent enforcement is a tort. Accordingly, cross-border patent enforcement attempts may generally be undertaken at the forum of the defendant's domicile, the place of the tort and, as far as provisional measures are concerned, another forum with a sufficient connection to the dispute. On the other hand, the application of the current jurisdictional framework to international patent infringement disputes leads to significant difficulties such as the pre-emptive effect of proceedings pending abroad or the jurisdictional consequences of a patent validity challenge. At the choice of law stage, this book provides a comparative overview of the rather unexplored issues arising in multinational patent enforcement. De lege feranda, it seems that, in view of the territorial nature of patents, a distributive application of the law of the protecting State (lex loci protectionis) appears to be the most consistent choice of law rule. Inhaltsverzeichnis Part I: Introduction The Internationalisation of Patent Law The Supranationalisation of Patent Law Purpose and Structure of the Work Part II: Extraterritorial jurisdiction Introduction Foundations of Jurisdiction Rules Applicable to Patent Disputes The Current Vehicles Towards Extraterritorial Jurisdiction Part III: Cross-border Patent Enforcement Strategies Introduction Cross-border Litigation at the Defendant's Domicile Cross-border Litigation at the Place of the Infringement Preliminary and Interlocutory Cross-border Litigation Part IV: Opposition to Cross-border Patent Infringement Actions Introduction Challenging the Validity of a Patent Declaration of Non-infringement Challenging the Enforcement of Foreign Cross-border Decisions Part V: Selecting the Governing Law Introduction The Construction of Conflict of Law Rules Applicable to Patent Infringement Cases Sources of Conflict o...
