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Amandine Léonard, ‘Abuse of Rights’ in Belgian and French Patent Law – A Case Law Analysis, 7 (2016) JIPITEC 30 para 1.
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%0 Journal Article %T ‘Abuse of Rights’ in Belgian and French Patent Law – A Case Law Analysis %A Léonard, Amandine %J JIPITEC %D 2016 %V 7 %N 1 %@ 2190-3387 %F léonard2016 %X This paper examines what types of actions undertaken by patent holders have been considered as abusive in the framework of French and Belgian patent litigation. Particular attention is given to the principle of the prohibition of “abuse of rights” (AoR). In the jurisdictions under scrutiny, the principle of AoR is essentially a jurisprudential construction in cases where judges faced a particular set of circumstances for which no codified rules were available. To investigate how judges deal with the prohibition of AoR in patent litigation and taking into account the jurisprudential nature of the principle, an in-depth and comparative case law analysis has been conducted. Although the number of cases in which patent holders have been sanctioned for such abuses is not overabundant, they do provide sufficient leads on what is understood by Belgian and French courts to constitute an abuse of patent rights. From this comparative analysis, useful lessons can be learned for the interpretation of the ambiguous notion of ‘abuse’ from a broader perspective. %L 340 %K Abuse of Rights %K Over-Enforcement of Patents %K Patent Law %K Patent Litigation %U http://nbn-resolving.de/urn:nbn:de:0009-29-43987 %P 30-50Download
Bibtex
@Article{léonard2016,
author = "L{\'e}onard, Amandine",
title = "`Abuse of Rights' in Belgian and French Patent Law -- A Case Law Analysis",
journal = "JIPITEC",
year = "2016",
volume = "7",
number = "1",
pages = "30--50",
keywords = "Abuse of Rights; Over-Enforcement of Patents; Patent Law; Patent Litigation",
abstract = "This paper examines what types of actions undertaken by patent holders have been considered as abusive in the framework of French and Belgian patent litigation. Particular attention is given to the principle of the prohibition of ``abuse of rights'' (AoR). In the jurisdictions under scrutiny, the principle of AoR is essentially a jurisprudential construction in cases where judges faced a particular set of circumstances for which no codified rules were available. To investigate how judges deal with the prohibition of AoR in patent litigation and taking into account the jurisprudential nature of the principle, an in-depth and comparative case law analysis has been conducted. Although the number of cases in which patent holders have been sanctioned for such abuses is not overabundant, they do provide sufficient leads on what is understood by Belgian and French courts to constitute an abuse of patent rights. From this comparative analysis, useful lessons can be learned for the interpretation of the ambiguous notion of `abuse' from a broader perspective.",
issn = "2190-3387",
url = "http://nbn-resolving.de/urn:nbn:de:0009-29-43987"
}
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TY - JOUR AU - Léonard, Amandine PY - 2016 DA - 2016// TI - ‘Abuse of Rights’ in Belgian and French Patent Law – A Case Law Analysis JO - JIPITEC SP - 30 EP - 50 VL - 7 IS - 1 KW - Abuse of Rights KW - Over-Enforcement of Patents KW - Patent Law KW - Patent Litigation AB - This paper examines what types of actions undertaken by patent holders have been considered as abusive in the framework of French and Belgian patent litigation. Particular attention is given to the principle of the prohibition of “abuse of rights” (AoR). In the jurisdictions under scrutiny, the principle of AoR is essentially a jurisprudential construction in cases where judges faced a particular set of circumstances for which no codified rules were available. To investigate how judges deal with the prohibition of AoR in patent litigation and taking into account the jurisprudential nature of the principle, an in-depth and comparative case law analysis has been conducted. Although the number of cases in which patent holders have been sanctioned for such abuses is not overabundant, they do provide sufficient leads on what is understood by Belgian and French courts to constitute an abuse of patent rights. From this comparative analysis, useful lessons can be learned for the interpretation of the ambiguous notion of ‘abuse’ from a broader perspective. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-43987 ID - léonard2016 ER -Download
Wordbib
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ISI
PT Journal AU Léonard, A TI ‘Abuse of Rights’ in Belgian and French Patent Law – A Case Law Analysis SO JIPITEC PY 2016 BP 30 EP 50 VL 7 IS 1 DE Abuse of Rights; Over-Enforcement of Patents; Patent Law; Patent Litigation AB This paper examines what types of actions undertaken by patent holders have been considered as abusive in the framework of French and Belgian patent litigation. Particular attention is given to the principle of the prohibition of “abuse of rights” (AoR). In the jurisdictions under scrutiny, the principle of AoR is essentially a jurisprudential construction in cases where judges faced a particular set of circumstances for which no codified rules were available. To investigate how judges deal with the prohibition of AoR in patent litigation and taking into account the jurisprudential nature of the principle, an in-depth and comparative case law analysis has been conducted. Although the number of cases in which patent holders have been sanctioned for such abuses is not overabundant, they do provide sufficient leads on what is understood by Belgian and French courts to constitute an abuse of patent rights. From this comparative analysis, useful lessons can be learned for the interpretation of the ambiguous notion of ‘abuse’ from a broader perspective. ERDownload
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Full Metadata
| Bibliographic Citation | 7 (2016) 1 |
|---|---|
| Title |
‘Abuse of Rights’ in Belgian and French Patent Law – A Case Law Analysis (eng) |
| Author | Amandine Léonard |
| Language | eng |
| Abstract | This paper examines what types of actions undertaken by patent holders have been considered as abusive in the framework of French and Belgian patent litigation. Particular attention is given to the principle of the prohibition of “abuse of rights” (AoR). In the jurisdictions under scrutiny, the principle of AoR is essentially a jurisprudential construction in cases where judges faced a particular set of circumstances for which no codified rules were available. To investigate how judges deal with the prohibition of AoR in patent litigation and taking into account the jurisprudential nature of the principle, an in-depth and comparative case law analysis has been conducted. Although the number of cases in which patent holders have been sanctioned for such abuses is not overabundant, they do provide sufficient leads on what is understood by Belgian and French courts to constitute an abuse of patent rights. From this comparative analysis, useful lessons can be learned for the interpretation of the ambiguous notion of ‘abuse’ from a broader perspective. |
| Subject | Abuse of Rights, Over-Enforcement of Patents, Patent Law, Patent Litigation |
| DDC | 340 |
| Rights | DPPL |
| URN: | urn:nbn:de:0009-29-43987 |
