Stefan Luginbuehl – författare
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Due to the lack of a European patent court, both the EPO and national judges interpret European patents and European patent law. This results in diverging interpretation across Europe and costly litigation for patent holders. Stefan Luginbuehl''s proposals to promote the goal of a uniform interpretation of patent law and ease the difficulties are timely and highly insightful.
Dealing with important legal and political issues related to European patent litigation and the establishment of a common patent litigation system, this book will appeal to practitioners, patent litigators, patent attorneys and judges specialised in patent litigation. Academics teaching and learning IP (patent law), private international law, or international civil procedure, will find this study interesting as the book deals with important aspects of national and international patent litigation, as well as procedural and structural questions related to the establishment of a patent court for Europe.
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Features:
Introduction to Chinese patent policy.Detailed coverage of technology transfer and substantive patent law in China, including prerequisites for protection, exceptions and limitations.Practical analysis of patent law relating to 3 specific fields of invention: employee inventions, biotechnological and pharmaceutical inventions, and software inventions.Overview of the patent application and examination procedure, with a particular view on PCT applications.Insight into specific characteristics of enforcement mechanisms and jurisprudence in China, including the dual enforcement system, claim interpretation, infringement types, and invalidity procedures.Invaluable section on the relationship between patent and antitrust law, including practical realities in the sphere of anticompetitive licensing.Overviews of the patent systems of Chinese Taipei, Hong Kong SAR and Macau SAREdited by two leading patent experts, and written by a team of experienced practitioners from China and from Europe, offering insight rarely brought together in a single place.This book will be an indispensable reference work for lawyers, patent attorneys and other practitioners interested in learning whether and how to protect patents in China.
Contributors: C. Bailey, Y. Bu, J. Cao, W. Chen, D. Clark, G. Cui, C. Czychowski, M. Deng, P. Ganea, H. Goddar, N. Heide, S.-H. Lee, J. Li, Y. Li, K.-C. Liu, S. Luginbuehl, Q. Ma, T. Mak, J.B. Nordemann, T. Pattloch, O. Pfaffenzeller, B. Roth, C.D. Simões, L. Wang, B. Weibel
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New to this edition:
Coverage of recent legislative changes since the first edition, including detail on the proposed new copyright packageNew expanded chapters on Plant Variety Rights, Industrial Designs and Geographical IndicationsNew chapter on IPRs and Unfair Competition, including Trade SecretsExpanded chapter on patents, including coverage of the unitary patent and the UPC, by new co-author and patent expert Stefan Luginbuehl.Key features:
Concise and straightforward style, gives students and non-specialist practitioners a clear understanding of the fundamentals of European intellectual property lawHighlights extracts from primary sources including decisions of the CJEU and other key case law, reports, and white papersPoses questions designed to provoke critical thinking and reflection around legal problems Covers related areas adjacent to IP law, in order to help students understand the context in which IP legislation operatesGives an overview of community and European IP rights and areas that have been harmonized at a legislative levelConsiders international IP protection and the interrelation between European and IP law more broadly in order to promote comparative study.With its detailed and comprehensive overview on the structure and content of European IP law, this textbook has proved an essential companion to both basic and advanced courses on European intellectual property across the globe.
Acclaim for the first edition:
''This clearly-written and comprehensive text, by two leading scholars of European intellectual property law, is extremely adaptable. It is a perfect platform for classroom teaching, and is also a fine resource for those researching in what is becoming an increasingly complex field.'' - Graeme B. Dinwoodie, Chicago-Kent University, US
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