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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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Annex 2 Unitary patent: infringement provisions

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European Commission, Proposal for a Council Regulation implementing enhanced cooperation in the area of the creation of unitary patent protection, COM (2011) 215 final, SEC (2011) 482 final, SEC (2011) 483 final, 2011/0093 (COD), Brussels, 13.4.2011. Available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2011:0215:FIN:en:PDF [Last accessed on 19.03.2012]

Article 6 Right to prevent the direct use of the invention1611

The European patent with unitary effect shall confer on its proprietor the right to prevent any third party not having the proprietor’s consent from the following:

(a) making, offering, placing on the market or using a product which is the subject matter of the patent, or importing or storing the product for those purposes;

(b) using a process which is the subject matter of the patent or, where the third party knows, or should have known, that the use of the process is prohibited without the consent of the proprietor of the patent, from offering the process for use within the participating Member States;

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