Forum Shopping in Patent Cases: Lessons for the Unified Patent Court
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
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Who Owns Biological Diversity? A Brief Description of the Debate over the Rights to Biological Diversity in the North-South Context [PDF]
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
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Jurisdictional Boundaries of the Unified Patent Court
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 ...
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Recent developments in the theory of very long run growth : a historical appraisal [PDF]
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.
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Unified Patent Court and the impartiality issue
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 ...
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Judicial Specialization and the Adjudication of Immigration Cases [PDF]
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
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Toward a More Coherent Doctrine of Trademark Genericism and Functionality: Focusing on Fair Competition [PDF]
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.
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The Assessment of Patent Validity by the Unified Patent Court
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 ...
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Reflections on the institutional balance, the Community Method and the interplay between jurisdictions after Lisbon. Research Papers in Law, 04/2012 [PDF]
[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
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The Aftereffects of TC Heartland: How to Effectively Approach Motions to Dismiss and Motions to Transfer on the Basis of Improper Venue [PDF]
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
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