GAT, Solvay, and the Centralization of Patent Litigation in Europe
نویسنده
چکیده
As business has become global, so have disputes about patents, patent infringement, and patent validity. In many ongoing disputes between patent holders and alleged infringers, parties are engaging in parallel court proceedings in multiple countries to litigate infringements of parallel patents and to contest the validity of patents. Concentrating litigation involving identical inventions and identical or similar conduct into one national or multinational court could result in faster, more efficient, and more consistent enforcement of patents. There are a number of obstacles to any centralization of litigation. As the debate about a unified patent litigation system in Europe has shown, even countries that are geographically, economically, culturally, and historically proximate face substantial challenges when attempting to adopt a single centralized patent litigation mechanism, even if they link the introduction of the mechanism to the creation of a unitary patent.
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