Special focus
COHAUSZ & FLORACK
A patent pool is a joint licensing programme enabling one or more licensors to license a plurality – a pool – of patents to a plurality of licensees.
Gottfried Schüll
Competition Dynamics, Inc
IP rights are temporary exclusive rights granted to innovators to protect their investments.
Jonathan Putnam
LexOrbis
In the past two decades there has been a boom in the consumer electronics market in India, particularly in relation to telecoms.
Manisha Singh
and Varun Sharma
McAndrews, Held & Malloy Ltd
Patent litigation is a costly endeavour. If executed correctly and with adequate preparation, it can lead to a windfall verdict or a recurring revenue stream through licensing, or it can disrupt a competitor’s business through injunctive relief.
Scott P McBride
and Michael J Carrozza
Pinsent Masons LLP
Supplementary protection certificates (SPCs) extend the protection conferred by a patent to an approved medicinal product by up to five years (plus a further six months if a paediatric extension is granted).
Charlotte Weekes
, Nicole Jadeja
and Jules Fabre
Wildanger Kehrwald Graf von Schwerin & Partner mbB
In 2015 the European Court of Justice (ECJ) rendered its Huawei v ZTE decision, which laid out the basic principles of the FRAND defence.
Jasper Meyer zu Riemsloh
, Peter-Michael Weisse
and Eva Geschke
Zhong Lun Law Firm
Over the past decade, patent and trade secret litigation has become increasingly popular in China. This chapter focuses on China’s adjudication system in patent and trade secret cases, on the various ways to collect evidence and the procedures involved.
Ping Gu
Country Q&As
Wildhack & Jellinek Patentanwälte
Filing a civil lawsuit is the most frequent route taken to enforce IP rights in Austria. In civil matters, actions and requests for regular and interim injunctions based on alleged infringements may be brought (exclusively) before the Vienna Commercial Court.
Kasznar Leonardos
Patent infringement is both a criminal offence and a civil tort.
Rafael Lacaz Amaral
Beijing Sanyou Intellectual Property Agency Ltd
First, patent owners should have a stable patent. It is advisable to conduct a patent-stability analysis before initiating a lawsuit.
Jian Chen
COHAUSZ & FLORACK
About 1,000 infringement actions on the merits are filed before German venues each year.
Gottfried Schüll
Dr Helen G Papaconstantinou and Partners Law Firm
The first and quickest way of acting against an infringer is to request a temporary restraining order. This will be granted if the petitioner proves the existence of a prima facie serious infringement as a matter of exceptional urgency.
Maria Athanassiadou
Danubia Patent and Law Office LLC
A patent owner may enforce its rights by filing a civil lawsuit or a request for preliminary injunction.
Árpád Pethő
and Eszter Szakács
GLP Intellectual Property Office
Patent owners in Italy may file a lawsuit against an alleged infringer and begin proceedings on the substance of the case.
Davide Pilati
, Daniele Giovanni Petraz
and Davide Luigi Petraz
Anderson Mōri & Tomotsune
The most common way to enforce a patent in Japan is through litigation in court.
Ryo Murakami
, Nobuto Shirane
, Masayuki Yamanouchi
and Miki Goto
Allen & Overy, A. Pędzich sp. k.
Patent owners customarily pursue patent enforcement in Poland through litigation before the common courts.
Krystyna Szczepanowska-Kozłowska
, Marcin Ziarkowski
and Jakub Zabraniak
Patentree
In Portugal, administrative and judicial actions are available to patent owners, although most patent infringement cases are dealt with through civil suits. Customs intervention can be sought in order to prevent the import of infringing goods.
Luis Ferreira
and Anabela Teixeira de Carvalho
Ström & Gulliksson AB
In Sweden, a patent right is best enforced by initiating court proceedings at the Patent and Market Court on the alleged infringement.
Rikard Roos
and Björn Andersson
Rentsch Partner Ltd
In case of an existing or imminent infringement, the patent owner may ask for injunctive relief (Article 72 of the Patent Act).
Andrea Carreira
, Christian Hilti
and Demian Stauber
Tsai, Lee & Chen Patent Attorneys & Attorneys at Law
Collecting evidence – unlike in the United States there is no discovery procedure in Taiwan, so the patentee must collect evidence itself by making a sample purchase, notarising the infringer’s website and collecting information regarding infringing products
Crystal J Chen
and Nick JC Lan
Moroğlu Arseven
The most effective way for a patent owner to enforce its rights is to initiate an infringement action against the alleged infringers before the specialised intellectual and industrial property rights civil courts.
Işık Özdoğan
and Merve Altınay Öztekin
HGF Limited
The Patents Court (part of the Business and Property Courts of the High Court) is the primary route for enforcement of patents in the United Kingdom, with the Intellectual Property Enterprise Court (IPEC) able to hear shorter, lower value, less complex patent actions.
Rachel Fetches
Haley Guiliano LLP
United States patents are litigated, often simultaneously, in multiple venues, including in federal district courts, before the International Trade Commission (ITC) and at the PTAB.
Gregory J Lundell
, Richard T McCaulley
, James F Haley Jr
and Joshua Van Hoven
