Discussion on Harmonising the Acts of Patent Infringement in Europe
Welcome to the discussion on Anna Horn’s dissertation Harmonising the Acts of Patent Infringement in Europe.
Anna Horn successfully defended her academic dissertation on 22 November 2024 at Stockholm University.
Discussing the dissertation:
Anna Horn, Doctor of Law
Tuomas Mylly, Professor, Commercial Law, University of Turku
Time for questions and discussion has been reserved at the end of the event.
Harmonising the Acts of Patent Infringement in Europe
The value of an exclusive right can be measured by its enforceability. The enforcement of a patent right in Europe is a highly complex endeavor. The European patent system is characterised by three irreconcilable factors: territoriality, fragmentation and harmonisation. There has been a consistent striving for harmonisation within the European patent system in response to the territorial and thereby fragmented protection of patent rights. This dissertation studies the legal harmonisation of the acts against which a patent provides protection (the infringing acts) and the applicable limitations.
The dissertation evaluates the mechanisms that have contributed to patent law harmonisation and fragmentation relating to the infringing acts and the applicable limitations. Further, it reveals the level of national harmonisation in Sweden, Germany, England and Wales. The study clarifies the extent of influence the EU legal order has had on national patent law and analyses the UPC system’s complex relationship with the EU. It further analyses the degree of harmonisation expected to be achieved by the UPC system.
The dissertation makes contributions to the understanding of harmonisation in European patent law. It provides new insights into the extent of harmonisation achieved within the European patent system relating to the infringing acts and the applicable limitations, as well as the reasons for the harmonisation achieved.
You can find the dissertation here: https://su.diva-portal.org/smash/get/diva2:1903902/FULLTEXT01.pdf
Järjestävä organisaatio
IPR University Center
