Results 51 to 60 of about 37,607 (177)

Forum Shopping in Patent Cases: Lessons for the Unified Patent Court

open access: yesMichigan Technology Law Review, 2018
Despite the United Kingdom’s pending high-profile exit from the EU and rising Euroscepticism across the continent, the EU presses forward with its plans to unify patent litigation under a single court system. That new system—the Unified Patent Court—seeks to promote “uniformity of the Union legal order and the primacy of European Union law.” In pursuit
openaire   +2 more sources

Who Owns Biological Diversity? A Brief Description of the Debate over the Rights to Biological Diversity in the North-South Context [PDF]

open access: yes, 2000
For a long time, the genetic resources and biological diversity of all types of living organisms on the Earth were considered the common heritage of all of humanity.
Baier, Alexandra, Tappeser, Beatrix
core  

Jurisdictional Boundaries of the Unified Patent Court

open access: yesCUADERNOS DE DERECHO TRANSNACIONAL
This note examines the jurisdictional architecture of the Unified Patent Court (UPC), focusing on the interaction between the Unified Patent Court Agreement (UPCA) and the Brussels I bis Regulation when asserting jurisdiction over European patents. The analysis centers on judgment UPC_CFI_355/2023 rendered by the Düsseldorf Local Division of the UPC ...
openaire   +1 more source

Recent developments in the theory of very long run growth : a historical appraisal [PDF]

open access: yes, 2011
This paper offers a historical appraisal of recent developments in the theory of very long run growth, focusing on two main areas: (1) linkages between wages, population and human capital and (2) interactions between institutions, markets and ...
Broadberry, S. N.
core  

Unified Patent Court and the impartiality issue

open access: yes, 2023
This paper discusses the impartiality issues that could arise within the UPC framework. After recalling the fundamental principles derived from the jurisprudence of the Court of Justice and the European Court of Human Rights, the risk of bias is identified: the issue of technical and part-time judges (mainly private practitioners) seems particularly ...
openaire   +1 more source

Judicial Specialization and the Adjudication of Immigration Cases [PDF]

open access: yes, 2010
When scholars and policymakers consider proposals for specialized courts, they are usually and appropriately mindful of the potential effects of specialization on the adjudication of cases.
Baum, Lawrence
core   +1 more source

Toward a More Coherent Doctrine of Trademark Genericism and Functionality: Focusing on Fair Competition [PDF]

open access: yes, 2017
The doctrines of trademark genericism and functionality serve similar functions under the Lanham Act and the common law of unfair competition. Genericism, in the context of word marks, and functionality, for trade dress, bar trademark registration under ...
Rierson, Sandra L.
core   +1 more source

The Assessment of Patent Validity by the Unified Patent Court

open access: yesGRUR International
Abstract A little more than six months after the Unified Patent Court commenced its work, the judgment of the Court of Appeal in 10x Genomics v. NanoString is the first final decision of the new court to deal in detail with the interpretation of an asserted patent claim and, based on this, with the assessment of the patentability of the ...
openaire   +1 more source

Reflections on the institutional balance, the Community Method and the interplay between jurisdictions after Lisbon. Research Papers in Law, 04/2012 [PDF]

open access: yes, 2012
[Introduction.] Over the last two years, not only inside but also outside the framework of the EU treaties, far reaching measures have been taken at the highest political level in order to address the financial and economic crisis in Europe and in ...
Eisele, Katarina, Smulders, Ben
core  

The Aftereffects of TC Heartland: How to Effectively Approach Motions to Dismiss and Motions to Transfer on the Basis of Improper Venue [PDF]

open access: yes, 2019
Prior to the Supreme Court\u27s decision in TC Heartland, the law of venue in patent infringement actions fluctuated over time. In recent history, the Eastern District of Texas became a notoriously plaintiff-friendly forum in which to litigate patent ...
Rosenblatt, Jennifer
core   +1 more source

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