Comparative Patent Remedies: A Legal and Economic Analysis (Paperback)Thomas F. Cotter (author)
Paperback 452 Pages / Published: 21/03/2013
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Nations throughout the world receive more patent applications, grant more patents, and entertain more patent infringement lawsuits than ever before. To understand the contemporary patent system, it is crucial to become familiar with how courts and other actors in different countries enable patent owners to enforce their rights. This is increasingly important, not only for firms that seek to market their products worldwide and for the lawyers who provide them with counsel, but also for scholars and policymakers working to develop better policies for promoting the innovation that drives long-term economic growth. Comparative Patent Remedies provides a critical and comparative analysis of patent enforcement in the United States and other major patent systems, including the European Union, Japan, Canada, Australia, China, South Korea, Taiwan, and India. Thomas Cotter shows how different countries respond to similar issues, and suggests how economic analysis can assist in adapting current practice to the needs of the modern world. Among the topics addressed are: how courts in various nations award monetary compensation for patent infringement, including lost profits, infringer's profits, and reasonable royalties; the conditions under which patent owners may obtain preliminary and permanent injunctions, including cross-border injunctions in the European Union; the availability of various options for potential defendants to challenge patent validity; and other matters, such as the availability of criminal enforcement and border measures to exclude infringing goods.
Publisher: Oxford University Press Inc
Number of pages: 452
Weight: 694 g
Dimensions: 234 x 158 x 26 mm
"Thomas Cotter in Comparative Patent Remedies has undertaken the formidable, daunting task of describing and comparing the remedies provided in cases of patent infringement for all major patent jurisdictions. Legislative provisions, doctrinal concepts, leading cases, and academic writings from the U.S., the U.K., Canada, Australia, Germany, France, Japan, and China are analyzed in a format that starts with a brief introduction of the patent system and continues with enforcement structures and remedies of injunctive relief and damages. The chapter on Europe also features a discussion of cross-border litigation. With clear writing, an impressive amount of information, and thorough analysis, Cotter's work is a delightful, stimulating read that will be of great interest to patent judges, litigators, and academics alike."
--Christopher Heath, Boards of Appeal, European Patent Office and former member of the Max Planck Institute, Munich
"Thomas Cotter is the sole author of this book, and although patent, copyright, and trademark laws are complex and oftentimes baffling, he has for the most organized his material in a simple, straightforward way: on the basis of geographic origin of the laws. This book is useful for academics, judges, lawyers, litigators, and anyone in the general public who is interested in this tough subject. It has been written in clear language and it provides a lot of supporting information for the points he makes." -Paiso Jamakar, BizIndia
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