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Judicial Coherence in the European Patent System

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Judicial Coherence in the European Patent System

Lessons from the US and Japan

9781800880061 Edward Elgar Publishing
Federica Baldan, Postdoctoral Researcher, Faculty of Law, University of Antwerp, Belgium and FWO Postdoctoral Researcher, fellowship number 1257321N, Research Foundation Flanders, Belgium
Publication Date: 2022 ISBN: 978 1 80088 006 1 Extent: 304 pp
This comprehensive book examines the judicial governance of the patent system in Europe and beyond, and looks at mechanisms for enhancing coherence. Federica Baldan investigates the challenges to judicial coherence which may arise after the establishment of a specialised patent court in Europe.

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This comprehensive book examines the judicial governance of the patent system in Europe and beyond, and looks at mechanisms for enhancing coherence. Federica Baldan investigates the challenges to judicial coherence which may arise after the establishment of a specialised patent court in Europe.

The book highlights the various options that have been explored in the past decades for the creation of a centralised and specialised European patent court. Chapters retrace the most developed proposals for the establishment of a patent court, assess their impact on judicial coherence and identify potential weaknesses and room for improvement. The UPC Agreement has a central role in this analysis as it is the most advanced proposal and is currently in its implementation phase.

Providing a comparative analysis of the US and Japanese patent systems and identifying the potential for improvements, this timely book will be a valuable resource for scholars, students and policymakers in the fields of IP law, governance and political science.
Contents
Contents: Foreword 1. Introduction to Judicial Coherence in the European Patent System 2. Judicial coherence in patent systems: A conceptual framework 3. Judicial coherence in the current European patent system 4. The proposals for a specialised patent court in Europe and the challenges to judicial coherence 5. Judicial coherence in the US and Japanese patent systems 6. Mechanisms to foster judicial coherence in the future
European patent system 7. Conclusion to Judicial Coherence in the European Patent System References Index
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