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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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4. Research Context

← 80 | 81 → 4. Research Context

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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...

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