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Chapter

L. Bently, B. Sherman, D. Gangjee, and P. Johnson

This chapter introduces some of the more important aspects of intellectual property litigation. It begins by considering who can bring proceedings and who can be sued with respect to infringement before discussing how evidence is obtained and preserved, with particular reference to disclosure orders and search orders. In addition, the chapter looks at presumptions that alter the normal burden of proof; unjustified threats of infringement; special courts and tribunals that deal with the technical nature of intellectual property litigation; parallel proceedings and the problems that they raise; the use of experts in litigation; and jurisdictional issues and conflicts of law. Finally, it examines alternative dispute resolution as an approach to resolving disputes concerning intellectual property.

Chapter

This chapter focuses on trade mark infringement, setting out the rights of a trade mark owner to prevent others from making use of any sign which is the same as or similar to the registered mark in the course of trade. A claimant who brings a trade mark infringement action will have to show two things: that an act of infringement has been committed, and that such conduct falls within the scope of protection afforded to the registered mark. Once these two points have been established, the court will normally find in favour of the claimant unless one or more of the counter-arguments raised by the defendant succeeds. A defendant who is sued for trade mark infringement, besides denying that infringement has been made out or raising one of the statutory defences, will usually try to counterclaim that the mark should be revoked or declared invalid.

Chapter

Justine Pila and Paul L.C. Torremans

This chapter discusses the role of the EU in the IP field before and since the introduction of the Lisbon Treaty. To that end it introduces the EU legal order itself, including its founding Treaties, institutions, and authority to act (competence), with a focus on IP. The chapter is organized as follows. Section 2.2 traces the establishment of the European Economic Community and its development to the European Union. Section 2.3 describes the seven EU institutions: the European Council, European Commission, European Parliament, Council, Court of Justice of the EU, European Central Bank, and Court of Auditors. Section 2.4 explains the legal authority of the EU, in relation particularly to IP. Section 2.5 covers EU measures and their legal effects. And Section 2.6 discusses the actions of the Court of Justice.

Chapter

Justine Pila and Paul L.C. Torremans

This chapter introduces the European law of patents and related rights with a discussion of the nature of patents as limited-term monopoly rights granted in respect of new, inventive, and industrially applicable inventions and the routes to obtaining patent protection in Europe. It then considers the existing European patent system established by the European Patent Convention 1973/2000, including its basis in state-based conceptions of IP territoriality, and the challenges presented to that system by globalization and developing technology. And finally, it discusses the long-standing pursuit of a unitary patent and unified patent court for Europe, including the reasons for each, and the features of the proposed Unitary Patent Package of 2012/2013.