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Infringement of the rights conferred by a European Community patent : substantive community law

The thesis deals with the effects of European patents for the Common harket, i. e. the rights conferred by the Community patent, and the acts constituting an infringement of these rights. This subject is governed, as a rule, by the provisions set out in Chapter II of Part II of the Community Patent Convention 1975 (CPC). This excludes procedural aspects of infringement, and other related matters not covered by the CPC, which are to be determined by national law. The thesis examines in the introduction what are the issues covered solely by Community law, and what are the issues, concerning substantive law of infringement, to which national law will be applicable. The thesis is concerned with the scope of infringing activity under the CPC, and examines the effectiveness and justification of the exclusive rights which it confers upon the patentee. This covers, on the one hand, the acts constituting an infringement, i. e. direct infringement relating to patented products, patented processes and products obtained by such processes, as well as indirect infringement. On the other hand, it concerns the acts excepted by the CPC from the scope of infringing activity, the territorial limitation of the Community patent, the exhaustion of rights doctrine and temporal scope of infringement. For the purpose of analyzing the relevant CPC provisions, and proposing policies and solutions for its interpretation, the thesis examines the CPC's objectives, its relationship with EEC law and its legal history. This is in addition to a comparative study which includes references to the former and present law of EEC countries (to the extent of the availability of materials published in English), British Commonwealth countries and the U. S.. A special emphasis is put on U. K. law,
Date January 1990
CreatorsBenyamini, Amiram
PublisherLondon School of Economics and Political Science (University of London)
Source SetsEthos UK
Detected LanguageEnglish
TypeElectronic Thesis or Dissertation

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