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European Patent Litigation in the Shadow of the Unified Patent Court

Luke McDonagh, City Law School, City University of London, UK
With the introduction of the Unified Patent Court (UPC) and the new European Patent with Unitary Effect, the European patent litigation system is undergoing a set of fundamental reforms. This timely book assesses the current state of European patent litigation by analysing recently published data on Europe's four major patent jurisdictions - the UK, Germany, France and the Netherlands - and also looks ahead to examine what the impact of the UPC is likely to be on Europe's patent litigation system in the near future.
Extent: 224 pp
Hardback Price: $110.00 Web: $99.00
Publication Date: 2016
ISBN: 978 1 78471 473 4
Availability: In Stock
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  • Law - Academic
  • Constitutional and Administrative Law
  • European Law
  • Intellectual Property Law
What will European patent litigation look like in 10 years time? With the coming into force of seismic reforms, European Patent Litigation in the Shadow of the Unified Patent Court combines close analysis of the current regime with a novel use of qualitative survey data to assess the introduction of the Unified Patent Court (UPC) and the new European Patent with Unitary Effect.

Not long ago only scant data were publicly available on the subject of patent litigation in EU member states. Using recently published data, Luke McDonagh paints a detailed picture of the patent litigation system in the key European jurisdictions of the UK, Germany, France and the Netherlands. He then outlines the rationale for reform - the perceived need to provide a more efficient, cost effective, harmonious litigation system - as well as the structure of the key reformative innovations. Making use of evidence from within the business and legal communities, this book highlights the key issues concerning the new system and examines what the impact of the reforms is likely to be on Europe's patent litigation system in the near future.

This illuminating book will be useful to scholars, including postgraduate students, practitioners and policy makers wishing to learn more about the future of patent litigation in Europe.
‘This distinguished book is to be highly recommended for its comprehensive coverage of and practical information on the impending European patent system. It is definitely indispensable for people concerned not only with Europe but also internationally, including, of course, with Asia.’
– Tatsuhiro Ueno, Waseda University, Tokyo, Japan

‘Certainly the practical information and insightful commentary contained in this book will be appreciated by students, academics and policy makers, as well as practitioners.’
– The Barrister
Contents: 1. Introduction 2. European Patent Litigation Under the European Patent Convention (EPC) 3. Analysing the Reforms - The Unified Patent Court (UPC) and the European Patent With Unitary Effect (UP) 4. Exploring Perspectives of the Unified Patent Court and Unitary Patent Within the Business and Legal Communities 5. Conclusion Index