Cross-border Judicial Decisions in Matters of European Patent Infringement

Vol.7,No.13(2016)

Abstract

European patent infringement rarely stops at geographical borders. More often, infringement takes place simultaneously in several countries. At the same time the actual enforcement of a European patent concurrently in multiple countries of the European Union is rather complex and time-consuming proces. 

The article focuses on the issue of cross-border decisions in cases ofEuropean patent infringement. The practice of granting cross-border injunctionsby  national   courts of some  European countries  was greatly limited   by theECJ'sdecisions in Roche v. Primus and GAT v. LuK. However, the later ECJdecision in Solway v. Honeywell has clarified that the court of an EU MemberState can rule on actions for infringement of several national parts of the sameEuropean patent, by multiple infringers in several EU Member States.


Keywords:
European Patent; Infringement; Jurisdiction; Regulation Brussels I; Cross-borderjudicial Decisions

Pages:
s. 29–44
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