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Dreyfuss, Rochelle C. --- "Resolving patent disputes in a global economy" [2019] ELECD 391; in Takenaka, Toshiko (ed), "Research Handbook on Patent Law and Theory" (Edward Elgar Publishing, 2019) 296

Book Title: Research Handbook on Patent Law and Theory

Editor(s): Takenaka, Toshiko

Publisher: Edward Elgar Publishing

ISBN: 9781785364112

Section: Chapter 12

Section Title: Resolving patent disputes in a global economy

Author(s): Dreyfuss, Rochelle C.

Number of pages: 27

Abstract/Description:

This chapter discusses the mismatch between the global nature of patent exploitation and the territoriality of patent enforcement. Despite the increase in global trade in patented goods, it remains unclear how to bring finality to global disputes and avoid fragmented adjudication in multiple courts, inconsistent judgments and over- or under-enforcement. The chapter begins by considering various attempts litigants have made to use traditional legal practices to alleviate the problems posed by the territoriality of patent law extraterritorial application of local law, consolidation of foreign and domestic claims, and private agreements. It ends with a description of the alternative mechanisms available to national authorities: deep harmonization or an agreement on a procedural framework for coordinating multinational litigation and judgment recognition.