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Economic Incongruities in the European Patent System

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Author Info
Malwina Mejer
Bruno van Potteslberghe de la Potterie

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Abstract

This paper argues that the consequences of the ‘fragmentation’ of the European patent system are more dramatic than the mere prohibitive costs of maintaining a patent in force in many jurisdictions. First, detailed analysis of judicial systems in several European countries and four case studies provide evidence suggesting that heterogeneous national litigation costs, practices and outcome induce a high level of uncertainty. Second, a high degree of managerial complexity results from systemic incongruities due to easier ‘parallel imports’, possible ‘time paradoxes’ and the de facto paradox of having EU-level competition policy and granting authority ultimately facing national jurisdictional primacy on patent issues. These high degrees of uncertainty and complexity contribute to reduce the effectiveness of the European patent system and provide additional arguments in favour of the Community patent and a centralized litigation in Europe.

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File URL: http://www.ecares.org/index2.php?option=com_docman&task=doc_view&gid=59&Itemid=204
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File Function: First version, 2009
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Publisher Info
Paper provided by Université Libre de Bruxelles, Ecares in its series ECARES Working Papers with number 2009_003.

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Length: 16 pages
Date of creation: 2009
Date of revision:
Handle: RePEc:eca:wpaper:2009_003

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Related research
Keywords: European patent system; patent cost; litigation process; enforcement; uncertainty;

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Find related papers by JEL classification:
K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
P14 - Economic Systems - - Capitalist Systems - - - Property Rights
O34 - Economic Development, Technological Change, and Growth - - Technological Change - - - Intellectual Property Rights

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  1. James E. Bessen & Michael J. Meurer, 2006. "Patent Litigation with Endogenous Disputes," American Economic Review, American Economic Association, vol. 96(2), pages 77-81, May. [Downloadable!]
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This page was last updated on 2009-11-18.

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