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Economic incongruities in the European patent system. Bruegel Working Paper No. 2009/01, January 2009

Pottelsberghe de la Potterie, Bruno van and Mejer, Malwina. (2009) Economic incongruities in the European patent system. Bruegel Working Paper No. 2009/01, January 2009. [Working Paper]

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    Abstract

    This paper argues that the consequences of the ‘fragmentation’ of the European patent system are more dramatic than the mere prohibitive costs of maintaining a patent in force in many jurisdictions. First, detailed analysis of judicial systems in several European countries and four case studies provide evidence suggesting that heterogeneous national litigation costs, practices and outcome induce a high level of uncertainty. Second, a high degree of managerial complexity results from systemic incongruities due to easier ‘parallel imports’, possible ‘time paradoxes’ and the de facto paradox of having EU‐level competition policy and granting authority ultimately facing national jurisdictional primacy on patent issues. These high degrees of uncertainty and complexity contribute to reduce the effectiveness of the European patent system and provide additional arguments in favour of the Community patent and a centralized litigation in Europe.

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    Item Type: Working Paper
    Uncontrolled Keywords: Intellectual property; European patent system; patent cost; litigation process; enforcement; uncertainty; national judicial systems.
    Subjects for non-EU documents: EU policies and themes > Policies & related activities > intellectual property
    Subjects for EU documents: UNSPECIFIED
    EU Series: UNSPECIFIED
    ["eprint_fieldname_eusries" not defined]: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Series: Series > Bruegel (Brussels) > Working Papers
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: English
    Date Deposited: 17 Feb 2009
    Page Range: p. 18
    Last Modified: 15 Feb 2011 18:07
    URI: http://aei.pitt.edu/id/eprint/10322

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