Paul England - Böcker

This new edition is a comprehensive and practical guide to European patent law – a 'ius commune'. The book highlights the areas of consistency and difference between the most influential European patent law jurisdictions: the European Patent Office, England and Wales, France, Germany, and the Netherlands. The book also draws insights from further afield, with contributions from other, very active, patent jurisdictions, including Italy, Sweden, Denmark, and Switzerland.Uniquely, the book addresses European patent law by subject matter area, assessing the key national and EPO approaches together rather than nation by nation. Each chapter outlines the common ground between the national approaches and provides a guide for the possible application of European patent law in national courts and the UPC in the future.In addition to featuring content on new countries, the second edition includes new chapters dedicated to the substantive aspects of FRAND, declarations, and evidence. There is also an expanded commentary on construction, including common terms used in patent claims. A must-read for anyone working in the field of European patent law.

This book provides practical and detailed account of all procedural aspects of the Unified Patent Court and Unitary Patent system. The book also explains how the UPC works in the context of the wider European patent system, particularly the EPO and the UK. It considers how parties can use it to enforce or revoke European patents and the Unitary Patent, in particular:- The procedures of the UPC from initiating proceedings to appeal, damages and costs hearings;- Rules on competence, substantive law, jurisdiction, language and judges;- The operation of the system alongside the national courts of the contracting countries, the European Patent Office opposition and appeal procedure, and parallel English Patents Court proceedings.NEW TO THE 2ND EDITION: Additional chapters on the impact of the UPC and Unitary Patent on managing licences, and on confidentiality; coverage of the latest UPC guidance; references and case notes on every significant procedural case from the UPC divisions and the Court of Appeal; and coverage of every Rule of the Rules of Procedure.The book is written by a team of patent experts with many years of experience in patent litigation in France, Germany, the Netherlands, and the UK, as well as hands-on experience of running cases in the UPC from its inception. It provides insights from national and UPC practice on the features above and identifies points of interpretation. A must read for private practitioners and in-house counsel.

This new edition offers a comprehensive and practical guide to European patent law.This book uniquely addresses European patent law using a thematic approach, assessing the national and EPO approaches together rather than in nation-by-nation chapters. Each chapter therefore enables the common ground, and differences, between approaches to be assessed. The most influential European patent law jurisdictions are covered in the book, including the leading cases from the European Patent Office, England and Wales, France, Germany, and the Netherlands. The book also draws insights from further afield, with contributions from other, very active, patent jurisdictions, including Italy, Sweden, Denmark, and Switzerland.In addition to featuring completely revised content on the fast-moving subject areas of FRAND and plausibility, and updates in all other areas of patent law, the third edition includes for the first time fully integrated coverage of every substantive decision of the Unified Patent Court. A must-read for anyone working in the field of European patent law.

Life Sciences is one of the most innovative and complex areas of law. It is currently undergoing a period of intense transformation, with companies facing an ever-increasing level of regulation as well as strict cost management in order to remain competitive and profitable.The latest in "A User's Guide to..." series it covers life sciences in relation to: - patents- copyright- trade marks; and - data protectionThe book covers UK law with references to significant EPO cases. A key part of the book is the coverage of case law. Case studies and detailed analysis of the key cases, eg the Kymab mouse case, the human genome sciences case, and the pregabalin case feature heavily helping to put this often complex area of law into context.Where appropriate and for comparison purposes, approaches of key foreign jurisdictions are summarised and for ease of use there are clearly signposted.A key text for practitioners specialising in life sciences and intellectual property in general and patents officers dealing with life sciences applications.This title is included in Bloomsbury Professional's Intellectual Property and IT online service.

In September 2020 the UK signed its first major free trade deal as an independent country outside the EU, with Japan. This deal is viewed by the UK government as the first step in joining the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP), a free trade agreement between Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. Further, Joe Biden’s presidency is expected to result in the United States joining the partnership and, with the US and the UK, the CPTPP would be the largest free trade bloc by GDP in the world. Where there is close trade between countries regulated by a free trade agreement, there is also the need for rigorous intellectual property, in particular patent protection, especially in the pharmaceutical, biotech and telecoms sectors. Companies need to know: • that their technology will be protected;• the scope of that protection; and • how it can be enforced. In particular, this book will provide readers with a structured account of the relevant enforcement procedures and substantive patent law in each country, enabling a quick compare and contrast to be made between countries and the identification of relevant issues. In-depth country chapters featured include: US, Japan, South Korea, UK, Canada, Australia, Singapore and New Zealand.Patent Enforcement in the UK and Trans-Pacific Countries is an essential guide for private practitioners, in-house lawyers and other professionals with responsibility for intellectual property who are interested in the Trans-Pacific region.

Expert evidence frequently wins or loses cases. The importance of handling that evidence properly is therefore paramount. Fundamental to this is the application of privilege. Indeed, thorny privilege issues relating to expert documents, drafts, communications, instructions, collateral use, joint statements, statements of replaced experts, amongst other issues, come up time and again in practice. This book approaches 'expert privilege' as a subcategory of privilege of its own. This is not because it is defined by a uniform subset of rules that apply to all situations in which expert material is at issue, but precisely because it is not. Neither can assumptions about privilege in expert evidence be based on other areas of application. Instead, 'expert privilege' is a highly idiosyncratic and problematic area. None of the traditional privilege texts are dedicated to this important subject. A book dealing with 'expert privilege' as a subject area of its own is therefore highly overdue. This is the first such book. This book provides an overview of the issues, cases and rules that feature in this complex area, with the touchstone of practicality kept very much in mind throughout.The order in which issues are discussed follows the process by which expert evidence is prepared, from instruction through to collateral use. The intended readership is solicitors and counsel practicing in England and Wales in all the areas of civil, commercial litigation that use expert evidence. This book will also be of interest to practitioners in other common law countries and academics who are interested in English procedural law.

Patent Transactions in the Life Sciences is designed to provide guidance on the structure and detail of those agreements in the life sciences sector that are based on its most import assets - patents and know-how. As a companion to Intellectual Property in the Life Sciences, it is intended to cover the practical what, where, why and when of patent transactions in this sector, under the leading legal regimes. The book explains the rights that underpin life sciences transactions and describes the architecture, features and purpose of those transactions. It covers issues from the basics of a licence and assignment to complex agreements. The book also explores the types of deal that commonly feature in the industry at the corporate level and how patents fit in. Associated issues of licence disputes, competition rules, securitisation, insolvency and taxation are also examined. This new guide will be a valuable resource for lawyers, in-house counsel and other professionals advising on transactions in the life sciences industry, particularly where they have global reach.