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Enforcement of Patents on Geographically Divisible Inventions

An Inquiry into the Standard of Substantive Patent Law Infringement in Cross-Border Constellations

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Agnieszka Kupzok

This work investigates the challenges of enforcement of patent rights in geographically divisible inventions. It considers aspects of technological progress which pose challenges to the established system of patent protection based on the territorial limitation of rights. The analysis focuses on substantive patent law, especially on the infringement provisions. It is carried out in the context of Internet-related inventions, which demonstrate an extraordinarily construed technical nature, namely geographical divisibility. This leads to the inquiry of whether the infringement standard is appropriate in relation to the technological development in ICTs.
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Table of Figures

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Extract

Figure 1: Geographically divisible invention

Figure 2: Geographically divisible invention – generalized overview

Figure 3: Menashe Business Mercantile v. William Hill. United Kingdom

Figure 4: NTP vs. RIM. United States← 19 | 20 →

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