Economic incongruities in the European patent system
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.
(This abstract was borrowed from another version of this item.)
References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
- James Bessen & Michael J. Meurer, 2005.
"Patent Litigation with Endogenous Disputes,"
0502, Research on Innovation.
- Bruno van Pottelsberghe, 2010.
"The quality factor in patent systems,"
- Graham, Stuart J.H. & Harhoff, Dietmar, 2006.
"Can Post-Grant Reviews Improve Patent System Design? A Twin Study of US and European Patents,"
Discussion Paper Series of SFB/TR 15 Governance and the Efficiency of Economic Systems
38, Free University of Berlin, Humboldt University of Berlin, University of Bonn, University of Mannheim, University of Munich.
- Graham, Stuart J.H. & Harhoff, Dietmar, 2006. "Can Post-Grant Reviews Improve Patent System Design? A Twin Study of US and European Patents," CEPR Discussion Papers 5680, C.E.P.R. Discussion Papers.
- Bruno van Pottelsberghe, 2008.
"The London Agreement and the cost of patenting in Europe,"
- Mejer, Malwina & van Pottelsberghe de la Potterie, Bruno, 2008. "The London Agreement and the Cost of Patenting in Europe," CEPR Discussion Papers 7033, C.E.P.R. Discussion Papers.
- Malwina Mejer & Bruno Van Pottelsberghe, 2008. "The London Agreement and the Cost of Patenting in Europe," Working Papers ECARES 2008_032, ULB -- Universite Libre de Bruxelles.
- Kyle Margaret, 2011.
"Strategic Responses to Parallel Trade,"
The B.E. Journal of Economic Analysis & Policy,
De Gruyter, vol. 11(2), pages 1-34, January.
- Pakes, Ariel & Schankerman, Mark A., 1978.
"The Rate of Obsolescence of Knowledge, Research Gestation Labs, and the Private Rate of Return to Research Resources,"
78-13, C.V. Starr Center for Applied Economics, New York University.
- Ariel Pakes & Mark Schankerman, 1979. "The Rate of Obsolescence Of Knowledge, Research Gestation Lags, and the Private Rate of Return to Research Resources," NBER Working Papers 0346, National Bureau of Economic Research, Inc.
- Claude Crampes & Corinne Langinier, 2002.
"Litigation and Settlement in Patent Infringement Cases,"
RAND Journal of Economics,
The RAND Corporation, vol. 33(2), pages 258-274, Summer.
- Crampes, Claude & Langinier, Corinne, 2002. "Litigation and Settlement in Patent Infringement Cases," Staff General Research Papers 5231, Iowa State University, Department of Economics.
- Lerner, Josh, 1995. "Patenting in the Shadow of Competitors," Journal of Law and Economics, University of Chicago Press, vol. 38(2), pages 463-95, October.
- Bruno van Pottelsberghe, . "Lost property: The European patent system and why it doesn't work," Blueprints, Bruegel, number 312, November.
- Bruno Van Pottelsberghe & Carine Peeters, 2006. "Economic and management perspectives on intellectual property rights," ULB Institutional Repository 2013/6185, ULB -- Universite Libre de Bruxelles.
When requesting a correction, please mention this item's handle: RePEc:kap:ejlwec:v:34:y:2012:i:1:p:215-234. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Guenther Eichhorn)or (Christopher F. Baum)
If references are entirely missing, you can add them using this form.