Hardback
Legal Responses to Unjustified Threats of Patent Infringement
Intellectual Property Approach or Unfair Competition Approach?
9781035338368 Edward Elgar Publishing
In this incisive book, Minyu Zheng examines the various legal responses to unjustified threats of patent infringement. Employing a comparative, jurisdiction-based analysis, Zheng investigates whether the unjustified nature of such threats originates from the inaccuracy of the infringing accusation, or the inappropriateness of issuing threats. In particular, Zheng reveals how to resolve threats which are issued in an undue way but contain a correct allegation of patent infringement.
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Critical Acclaim
Contents
More Information
In this incisive book, Minyu Zheng examines the various legal responses to unjustified threats of patent infringement. Employing a comparative, jurisdiction-based analysis, Zheng investigates whether the unjustified nature of such threats originates from the inaccuracy of the infringing accusation, or the inappropriateness of issuing threats. In particular, Zheng reveals how to resolve threats which are issued in an undue way but contain a correct allegation of patent infringement.
The book provides a clear picture of how the legal systems in China, Germany, UK and the US resolve the common problem of patent infringement threats from various perspectives including statutes and judicial practice. Comparing these jurisdictions at a micro-level, Zheng assesses the principle of proportionality that assists in the critical evaluation of the approaches used in the investigated legal solutions, namely the intellectual property approach and the unfair competition approach. Ultimately, Zheng suggests a general rule for dealing with unjustified threats of patent infringement, fitting into the legal framework of the Paris Convention.
Championing an international perspective, Legal Responses to Unjustified Threats of Patent Infringement is an informative resource for students and scholars of law, specifically intellectual property law. Its instructive nature will also appeal to policy makers and legal practitioners in the field.
The book provides a clear picture of how the legal systems in China, Germany, UK and the US resolve the common problem of patent infringement threats from various perspectives including statutes and judicial practice. Comparing these jurisdictions at a micro-level, Zheng assesses the principle of proportionality that assists in the critical evaluation of the approaches used in the investigated legal solutions, namely the intellectual property approach and the unfair competition approach. Ultimately, Zheng suggests a general rule for dealing with unjustified threats of patent infringement, fitting into the legal framework of the Paris Convention.
Championing an international perspective, Legal Responses to Unjustified Threats of Patent Infringement is an informative resource for students and scholars of law, specifically intellectual property law. Its instructive nature will also appeal to policy makers and legal practitioners in the field.
Critical Acclaim
‘An up-to-date and comprehensive primer on legal responses from patent law and unfair competition law of two major common law jurisdictions (the UK and the US) and two major civil law jurisdictions (Germany and China) to threats of patent infringement targeted at both primary and secondary actors. A must read!’
– Kung-Chung LIU, Singapore Management University, Singapore
‘Commentators have long registered concerns about overenforcement of intellectual property rights and the proliferation of trolls and sham litigation. Comparing the laws in China, Germany, the United Kingdom and the United States and drawing insights from the Paris Convention, this book explores the appropriate balance between protecting intellectual property rights and safeguarding freedom of competition. It also critically examines the important yet oft-overlooked question of when enforcing these rights will amount to unfair competition. A rare contribution to a timely and practical problem!’
– Peter K. Yu, Texas A&M University, US
– Kung-Chung LIU, Singapore Management University, Singapore
‘Commentators have long registered concerns about overenforcement of intellectual property rights and the proliferation of trolls and sham litigation. Comparing the laws in China, Germany, the United Kingdom and the United States and drawing insights from the Paris Convention, this book explores the appropriate balance between protecting intellectual property rights and safeguarding freedom of competition. It also critically examines the important yet oft-overlooked question of when enforcing these rights will amount to unfair competition. A rare contribution to a timely and practical problem!’
– Peter K. Yu, Texas A&M University, US
Contents
Contents
1 Unjustified threats of patent infringement: an introduction
2 Legal responses to unjustified threats of patent
infringement in the United Kingdom
3 Legal responses to unjustified threats of patent
infringement in Germany
4 Legal responses to unjustified threats of patent
infringement in China
5 Legal responses to unjustified threats of patent
infringement in the United States
6 A comparative analysis of the examined legal systems
7 An evaluation of the examined approaches: the intellectual
property approach and the unfair competition approach
Bibliography
Index
1 Unjustified threats of patent infringement: an introduction
2 Legal responses to unjustified threats of patent
infringement in the United Kingdom
3 Legal responses to unjustified threats of patent
infringement in Germany
4 Legal responses to unjustified threats of patent
infringement in China
5 Legal responses to unjustified threats of patent
infringement in the United States
6 A comparative analysis of the examined legal systems
7 An evaluation of the examined approaches: the intellectual
property approach and the unfair competition approach
Bibliography
Index
