Document Actions
Citation and metadata
Recommended citation
Krista Rantasaari, Abuse Of Patent Enforcement In Europe How Can Start-ups And Growth Companies Fight Back?, 11 (2021) JIPITEC 358 para 1.
Download Citation
Endnote
%0 Journal Article %T Abuse Of Patent Enforcement In Europe How Can Start-ups And Growth Companies Fight Back? %A Rantasaari, Krista %J JIPITEC %D 2021 %V 11 %N 3 %@ 2190-3387 %F rantasaari2021 %X The aim of this article is to examine whether smaller companies have any adequate measures to defend themselves against abusive claims. Patent holders can assert their patents inappropriately, thus going against the functions of patents, and going outside the claims and boundaries of what is protected. This is more damaging for smaller companies as they have fewer financial resources. As a corollary, start-ups and growth companies must be able to defend themselves against abusive claims. This article evaluates the abuse of patent enforcement and analyses the abuse of rights principle, the abuse of dominant position, the Enforcement Directive (IPRED) and unjustified threats. The article analyses whether these elements provide tools for start-ups and growth companies when acting as defendants in patent infringement cases that could be considered abusive. The abuse of patent enforcement is increasing for several reasons, such as, the increase in the number of patents, the fact that they are becoming more valuable, the emergence of a growing market for the sale of patents, and the introduction of new entities specialised in patent licensing and litigation. The article argues that the elements presented in this study mitigate, to a certain extent, the potential ill effects of abusive legal proceedings. However, there are limitations and uncertainties; for example, the case law often only applies to specific circumstances, and national practices vary. As a corollary, these legal tools are rather complicated for start-ups and growth companies to apply. %L 340 %K NPE; non-practicing entity %K abuse of rights %K growth companies %K litigation %K patent enforcement %K start-up %U http://nbn-resolving.de/urn:nbn:de:0009-29-51907 %P 358-377Download
Bibtex
@Article{rantasaari2021,
author = "Rantasaari, Krista",
title = "Abuse Of Patent Enforcement In Europe How Can Start-ups And Growth Companies Fight Back?",
journal = "JIPITEC",
year = "2021",
volume = "11",
number = "3",
pages = "358--377",
keywords = "NPE; non-practicing entity; abuse of rights; growth companies; litigation; patent enforcement; start-up",
abstract = "The aim of this article is to examine whether smaller companies have any adequate measures to defend themselves against abusive claims. Patent holders can assert their patents inappropriately, thus going against the functions of patents, and going outside the claims and boundaries of what is protected. This is more damaging for smaller companies as they have fewer financial resources. As a corollary, start-ups and growth companies must be able to defend themselves against abusive claims. This article evaluates the abuse of patent enforcement and analyses the abuse of rights principle, the abuse of dominant position, the Enforcement Directive (IPRED) and unjustified threats. The article analyses whether these elements provide tools for start-ups and growth companies when acting as defendants in patent infringement cases that could be considered abusive. The abuse of patent enforcement is increasing for several reasons, such as, the increase in the number of patents, the fact that they are becoming more valuable, the emergence of a growing market for the sale of patents, and the introduction of new entities specialised in patent licensing and litigation. The article argues that the elements presented in this study mitigate, to a certain extent, the potential ill effects of abusive legal proceedings. However, there are limitations and uncertainties; for example, the case law often only applies to specific circumstances, and national practices vary. As a corollary, these legal tools are rather complicated for start-ups and growth companies to apply.",
issn = "2190-3387",
url = "http://nbn-resolving.de/urn:nbn:de:0009-29-51907"
}
Download
RIS
TY - JOUR AU - Rantasaari, Krista PY - 2021 DA - 2021// TI - Abuse Of Patent Enforcement In Europe How Can Start-ups And Growth Companies Fight Back? JO - JIPITEC SP - 358 EP - 377 VL - 11 IS - 3 KW - NPE; non-practicing entity KW - abuse of rights KW - growth companies KW - litigation KW - patent enforcement KW - start-up AB - The aim of this article is to examine whether smaller companies have any adequate measures to defend themselves against abusive claims. Patent holders can assert their patents inappropriately, thus going against the functions of patents, and going outside the claims and boundaries of what is protected. This is more damaging for smaller companies as they have fewer financial resources. As a corollary, start-ups and growth companies must be able to defend themselves against abusive claims. This article evaluates the abuse of patent enforcement and analyses the abuse of rights principle, the abuse of dominant position, the Enforcement Directive (IPRED) and unjustified threats. The article analyses whether these elements provide tools for start-ups and growth companies when acting as defendants in patent infringement cases that could be considered abusive. The abuse of patent enforcement is increasing for several reasons, such as, the increase in the number of patents, the fact that they are becoming more valuable, the emergence of a growing market for the sale of patents, and the introduction of new entities specialised in patent licensing and litigation. The article argues that the elements presented in this study mitigate, to a certain extent, the potential ill effects of abusive legal proceedings. However, there are limitations and uncertainties; for example, the case law often only applies to specific circumstances, and national practices vary. As a corollary, these legal tools are rather complicated for start-ups and growth companies to apply. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-51907 ID - rantasaari2021 ER -Download
Wordbib
<?xml version="1.0" encoding="UTF-8"?> <b:Sources SelectedStyle="" xmlns:b="http://schemas.openxmlformats.org/officeDocument/2006/bibliography" xmlns="http://schemas.openxmlformats.org/officeDocument/2006/bibliography" > <b:Source> <b:Tag>rantasaari2021</b:Tag> <b:SourceType>ArticleInAPeriodical</b:SourceType> <b:Year>2021</b:Year> <b:PeriodicalTitle>JIPITEC</b:PeriodicalTitle> <b:Volume>11</b:Volume> <b:Issue>3</b:Issue> <b:Url>http://nbn-resolving.de/urn:nbn:de:0009-29-51907</b:Url> <b:Pages>358-377</b:Pages> <b:Author> <b:Author><b:NameList> <b:Person><b:Last>Rantasaari</b:Last><b:First>Krista</b:First></b:Person> </b:NameList></b:Author> </b:Author> <b:Title>Abuse Of Patent Enforcement In Europe How Can Start-ups And Growth Companies Fight Back?</b:Title> <b:Comments>The aim of this article is to examine whether smaller companies have any adequate measures to defend themselves against abusive claims. Patent holders can assert their patents inappropriately, thus going against the functions of patents, and going outside the claims and boundaries of what is protected. This is more damaging for smaller companies as they have fewer financial resources. As a corollary, start-ups and growth companies must be able to defend themselves against abusive claims. This article evaluates the abuse of patent enforcement and analyses the abuse of rights principle, the abuse of dominant position, the Enforcement Directive (IPRED) and unjustified threats. The article analyses whether these elements provide tools for start-ups and growth companies when acting as defendants in patent infringement cases that could be considered abusive. The abuse of patent enforcement is increasing for several reasons, such as, the increase in the number of patents, the fact that they are becoming more valuable, the emergence of a growing market for the sale of patents, and the introduction of new entities specialised in patent licensing and litigation. The article argues that the elements presented in this study mitigate, to a certain extent, the potential ill effects of abusive legal proceedings. However, there are limitations and uncertainties; for example, the case law often only applies to specific circumstances, and national practices vary. As a corollary, these legal tools are rather complicated for start-ups and growth companies to apply.</b:Comments> </b:Source> </b:Sources>Download
ISI
PT Journal AU Rantasaari, K TI Abuse Of Patent Enforcement In Europe How Can Start-ups And Growth Companies Fight Back? SO JIPITEC PY 2021 BP 358 EP 377 VL 11 IS 3 DE NPE; non-practicing entity; abuse of rights; growth companies; litigation; patent enforcement; start-up AB The aim of this article is to examine whether smaller companies have any adequate measures to defend themselves against abusive claims. Patent holders can assert their patents inappropriately, thus going against the functions of patents, and going outside the claims and boundaries of what is protected. This is more damaging for smaller companies as they have fewer financial resources. As a corollary, start-ups and growth companies must be able to defend themselves against abusive claims. This article evaluates the abuse of patent enforcement and analyses the abuse of rights principle, the abuse of dominant position, the Enforcement Directive (IPRED) and unjustified threats. The article analyses whether these elements provide tools for start-ups and growth companies when acting as defendants in patent infringement cases that could be considered abusive. The abuse of patent enforcement is increasing for several reasons, such as, the increase in the number of patents, the fact that they are becoming more valuable, the emergence of a growing market for the sale of patents, and the introduction of new entities specialised in patent licensing and litigation. The article argues that the elements presented in this study mitigate, to a certain extent, the potential ill effects of abusive legal proceedings. However, there are limitations and uncertainties; for example, the case law often only applies to specific circumstances, and national practices vary. As a corollary, these legal tools are rather complicated for start-ups and growth companies to apply. ERDownload
Mods
<mods>
<titleInfo>
<title>Abuse Of Patent Enforcement In Europe How Can Start-ups And Growth Companies Fight Back?</title>
</titleInfo>
<name type="personal">
<namePart type="family">Rantasaari</namePart>
<namePart type="given">Krista</namePart>
</name>
<abstract>The aim of this article is to examine whether smaller companies have any adequate measures to defend themselves against abusive claims. Patent holders can assert their patents inappropriately, thus going against the functions of patents, and going outside the claims and boundaries of what is protected. This is more damaging for smaller companies as they have fewer financial resources. As a corollary, start-ups and growth companies must be able to defend themselves against abusive claims. This article evaluates the abuse of patent enforcement and analyses the abuse of rights principle, the abuse of dominant position, the Enforcement Directive (IPRED) and unjustified threats. The article analyses whether these elements provide tools for start-ups and growth companies when acting as defendants in patent infringement cases that could be considered abusive. The abuse of patent enforcement is increasing for several reasons, such as, the increase in the number of patents, the fact that they are becoming more valuable, the emergence of a growing market for the sale of patents, and the introduction of new entities specialised in patent licensing and litigation. The article argues that the elements presented in this study mitigate, to a certain extent, the potential ill effects of abusive legal proceedings. However, there are limitations and uncertainties; for example, the case law often only applies to specific circumstances, and national practices vary. As a corollary, these legal tools are rather complicated for start-ups and growth companies to apply.</abstract>
<subject>
<topic>NPE; non-practicing entity</topic>
<topic>abuse of rights</topic>
<topic>growth companies</topic>
<topic>litigation</topic>
<topic>patent enforcement</topic>
<topic>start-up</topic>
</subject>
<classification authority="ddc">340</classification>
<relatedItem type="host">
<genre authority="marcgt">periodical</genre>
<genre>academic journal</genre>
<titleInfo>
<title>JIPITEC</title>
</titleInfo>
<part>
<detail type="volume">
<number>11</number>
</detail>
<detail type="issue">
<number>3</number>
</detail>
<date>2021</date>
<extent unit="page">
<start>358</start>
<end>377</end>
</extent>
</part>
</relatedItem>
<identifier type="issn">2190-3387</identifier>
<identifier type="urn">urn:nbn:de:0009-29-51907</identifier>
<identifier type="uri">http://nbn-resolving.de/urn:nbn:de:0009-29-51907</identifier>
<identifier type="citekey">rantasaari2021</identifier>
</mods>
Download
Full Metadata
| Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 11 (2021) 3 |
|---|---|
| Title |
Abuse Of Patent Enforcement In Europe How Can Start-ups And Growth Companies Fight Back? (eng) |
| Author | Krista Rantasaari |
| Language | eng |
| Abstract | The aim of this article is to examine whether smaller companies have any adequate measures to defend themselves against abusive claims. Patent holders can assert their patents inappropriately, thus going against the functions of patents, and going outside the claims and boundaries of what is protected. This is more damaging for smaller companies as they have fewer financial resources. As a corollary, start-ups and growth companies must be able to defend themselves against abusive claims. This article evaluates the abuse of patent enforcement and analyses the abuse of rights principle, the abuse of dominant position, the Enforcement Directive (IPRED) and unjustified threats. The article analyses whether these elements provide tools for start-ups and growth companies when acting as defendants in patent infringement cases that could be considered abusive. The abuse of patent enforcement is increasing for several reasons, such as, the increase in the number of patents, the fact that they are becoming more valuable, the emergence of a growing market for the sale of patents, and the introduction of new entities specialised in patent licensing and litigation. The article argues that the elements presented in this study mitigate, to a certain extent, the potential ill effects of abusive legal proceedings. However, there are limitations and uncertainties; for example, the case law often only applies to specific circumstances, and national practices vary. As a corollary, these legal tools are rather complicated for start-ups and growth companies to apply. |
| Subject | NPE; non-practicing entity, abuse of rights, growth companies, litigation, patent enforcement, start-up |
| DDC | 340 |
| Rights | DPPL |
| URN: | urn:nbn:de:0009-29-51907 |
