New book published: La competencia judicial internacional de los tribunales españoles en los casos de presunta infracción de derechos de patente by Arantxa Gandía Sellens

12 April 2017

Patent rights aim to boost innovation; and innovation is the only way to achieve technological progress, which mainly finds its legal protection through patent rights. Thus, there is a need to set up a patent system that works very well and to put forward more solutions than problems identified for inventors and investors. The satisfactory protection of inventions is not only needed in substantive terms, but it is also necessary in procedural terms. In particular, it has been observed that the procedural protection of patent rights is troublesome as regards cross-border disputes. The litigation of patent rights is strongly influenced by the territoriality principle, meaning that patent rights currently need to be litigated in each and every granting State, due to the fact that the granting State has exclusive jurisdiction for determining the validity of patent rights granted in respect of its territory. To identify the impact of such an exclusive jurisdiction, patent infringement cases are analyzed in order to provide for a framework, as they are the most common causa petendi in the courts as regards patent rights. The analysis not only focuses on judicial litigation (linked to the traditional courts) but also takes into account the possibility of arbitrating or mediating a dispute on infringement of patent rights.

Foreword by Prof. Dr. Guillermo Palao Moreno

Tirant Lo Blanch, Collection Monografías, 391 pages

ISBN: 9788491199274

You can order this book from Tirant Lo Blanch

For a more comprehensive abstract in English: MPI Luxembourg Working Paper Series