Consulting editor(s): Gwilym Roberts, Kilburn & Strode LLP
Publication date: Nov 2018
This late 2018 publication by Globe Law and Business Ltd provides an easily digestible commentary on patent litigation law and practice in 21 jurisdictions including the United States, Germany, Japan, Australia and the United Kingdom. International Patent Litigation is bound to become a valuable aid to private practice and in-house practitioners alike, as well as students of IP law.
To conclude, I really cannot say better than Sir Robin Jacob does in his foreword to the book, where he shrewdly draws the analogy between international IP litigation and attempting simultaneously to play chess, draughts, Go, Monopoly, and so forth. He says that a good book should give one a feel of the legal system concerned, along with the key elements of procedure and rules, such that it helps people decide where to take advice and to understand that advice. I heartily concur with Sir Robin that this book succeeds impressively, and unreservedly commend it to all patent professionals.
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International patent litigation presents difficult challenges. Actions taken in one jurisdiction can have unforeseen consequences in another; the time taken in the various jurisdictions to reach a conclusion can vary considerably; and the measures and remedies available differ from country to country. The current lack of a harmonised dispute resolution system, moreover, has given rise to increasing uncertainty as novel procedures, and in some instances new legal systems (eg, the proposed European patent with unitary effect), are put in place.
This major title by leading practitioners is a practical guide to patent litigation (and alternatives, if available) in a selection of key jurisdictions. It covers the timescale of proceedings, the availability of interim relief, disclosure, available remedies and costs, among other crucial factors. The book provides a useful comparison of how each jurisdiction deals with the issues that arise and the practical consequences of litigating in each location. This comparison is designed to assist those involved in international patent litigation in devising an effective strategy to manage the litigation and so maximise the chances of a successful outcome, while also reducing unnecessary costs.
New to the second edition is expanded coverage of Asia, including chapters on China, Hong Kong, Korea and India, as well as topic-based chapters focused on topical developments surrounding the unitary patent and the European Patent Office.
The book is a concise, practical guide for all those involved in the conduct and management of international patent litigation, from in-house professionals (patent managers, patent attorneys and general counsel) to those in private practice.