An Inquiry into the Standard of Substantive Patent Law Infringement in Cross-Border Constellations
4. Research Context
← 80 | 81 → 4. Research Context
This chapter serves to set the ramifications of the legal research carried out in the remainder of this thesis. This part combines two strains of research, which were previously developed quite separately: the inquiries into enforcement of patents and the inquiries into issues related to patents in the Information and Communication Technologies (ICT) sector. This chapter begins with a literature review of the contributions on patent enforcement, which points out the developments in the area of patent enforcement as related to the Internet-based technologies. Following a comprehensive stocktaking of the contributions, it examines the current framework for patent enforcement and presents technological and socio-economic aspects of the Internet, as well as considerations related to the Internet as a factor in patent enforcement. It is especially relevant due to the fact that digital technologies and markets are seen as the central motor of growth, especially important in the current economically tense conditions.238
Both in Europe and the United States aspects of patent enforcement, such as infringement, have been the object of studies and academic inquiry.239 Research in the area of patent enforcement has been focused and continues to address three ← 81 | 82 → streams of issues in Europe. Firstly, the subject of research efforts has been the fragmented patent system, both at the international as well as regional levels and ways of operationalizing its harmonization. One of the core issues raised in relation to patent enforcement in Europe was and continues to be parallel litigation of patents granted by the...
You are not authenticated to view the full text of this chapter or article.
This site requires a subscription or purchase to access the full text of books or journals.
Do you have any questions? Contact us.Or login to access all content.