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Research: Patent Quality: Does One Size Fit All?

by Naina Khanna, Phd Candidate at Maastricht University, the Netherlands under the European IP Institutes Network Innovation Society (EIPIN-Innovation Society)

Patent Quality: Does One Size Fit All?

In this article a broad range of literature is analysed to answer the question; what the term "patent quality" may encompass and whether there could be one size fits all definition? The paper seeks to facilitate the identification of factors that influence the quality of patents, especially from a sound policy perspective.

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Categories: IP Enforcement, Patent System and Patent Quality

Research: The practice of claiming a court injunction ordering an implementer to cease and desist from infringing a patent - German version.

by Uwe Scharen, Former Presiding Judge of the Federal Court of Justice in Germany. German version.

The practice of claiming a court injunction ordering an implementer to cease and desist from infringing a patent - German version.

Die Erstveröffentlichung dieses Aufsatzes erfolgte in der Zeitschrift „Mitteilungen der deutschen Patentanwälte“, Heft 09/2018, S. 369, herausgegeben vom Vorstand der Patentanwaltskammer, erschienen bei Wolters Kluwer Deutschland – Carl Heymanns Verlag

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Categories: IP and Competition Law, IP Enforcement, Patent System and Patent Quality

Research: The practice of claiming a court injunction ordering an implementer to cease and desist from infringing a patent

by Uwe Scharen - Former Presiding Judge at the Federal Court of Justice of Germany.

The practice of claiming a court injunction ordering an implementer to cease and desist from infringing a patent

This paper looks at the practice of the German courts regarding the provision of injunctive relief to patent holders. After a brief analysis of the German substantive law governing patent holders’ claims for injunctive relief, the author presents the legal remedies available to the patent holder under German law for protecting and enforcing such claims. It was first published: - in German in the journal "Mitteilungen der deutschen Patentanwälte“, Issue 09/2018, page 369, which is edited by the Board of the German Chamber of Patent Attorneys (Patentanwaltskammer) and published by Wolter Kluwer Deutschland – Carl Heymanns Verlag. - in English in the "Journal of Intellectual Property Law & Practice", Oxford University Press, jpy127, https://doi.org/10.1093/jiplp/jpy127

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Categories: IP and Competition Law, IP Enforcement, Patent System and Patent Quality

Publications: SEP/FRAND case law: overview and challenges regarding confidentiality.

SEP/FRAND case law: overview and challenges regarding confidentiality.

4iP Council webinar presentation given by Prof. Dr. Peter Georg Picht, LL.M. (Yale) on 22 November 2018. Prof. Picht holds a chair for Business and Commercial Law at the University of Zurich, is head of the University’s Centre for Intellectual Property and Competition Law (CIPCO) and is a Max Planck Institute Affiliated Research Fellow.

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Categories: IP and Competition Law, IP Enforcement, Licensing, Standardisation

Publications: Negotiating SEP licenses in Europe after Huawei v ZTE: guidance from national courts

Negotiating SEP licenses in Europe after Huawei v ZTE: guidance from national courts

This article by Dr Claudia Tapia and Dr Spyros Makris first appeared in Managing Intellectual Property's May 2018 issue. It looks at how national courts in Europe are interpreting the CJEU guidance after Huawei v ZTE. The CJEU provided a legal framework focused on the good faith conduct to be expected of both parties. Since the Court’s decision in 2015, national courts have been steadily exploring the scope of these obligations, providing further clarity on what is or is not to be considered appropriate behaviour.

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Categories: IP Enforcement, Licensing