Infringing patent monopoly: a comparative assessment of American and European approaches to patent infringement litigation, with Ireland being a case study state

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This project looks at American and European approaches to the infringement of patent rights from the comparative perspective. During the course of the work, it will be demonstrated how each system has dealt with balancing clashing interests of inventors and third parties, and how real is the protection offered to both groups. The two approaches will not only be compared but more importantly any shortcomings in both jurisdictions pointed out to the reader, at the same time recommending possible way forward towards a more streamlined patent system. Moreover, this work will show what lessons can be learned from the American and European point of view, and whether this learning experience can produce any ready solutions to internal problems. Given the complex and burdensome nature of patent infringement litigation, the creation of a perfect regime is highly unlikely. However, both jurisdictions might learn from their experiences and incorporate certain features characteristic of their counterpart.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Krzysztof Podkonski | Attorney Advertising

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Krzysztof Podkonski on:

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