Patent trolling w Wielkiej Brytanii
Patent trolling in Great Britain
Author(s): Katarzyna KluczkaSubject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: patent trolling; non-practicing entities; patent assertion entities; British law; British patent system; patent infringement; standard-essential patent; FRAND terms; FRAND injunction; Unified Patent C
Summary/Abstract: The main issue of this article is the current state of affairs concerning patentctrolling in Great Britain. There is a possibility that this country might be the main focuscof the activities of trolls in the future. Therefore, the description of the British patent systemcwith a bit of a comparison with the American system hopefully can answer, why socfar patent trolls were not fully successful in Great Britain. Moreover, the article brieflycpresents the most significant case so far in the matter of patent trolling in Great Britaincwhich constitutes a precedent applying to standard-essential patents and FRAND rules.cFurthermore, the problematic aspects of the establishment of a European patent withcunitary effect as well as the Unified Patent Court arise. The new court may tempt patentctrolls and simplify their actions. However, Great Britain does not remain idle. A new law has been introduced — Intellectual Property (Unjustified Threats) Act 2017. The purpose of the bill is to provide a protection against groundless threats of infringement proceedings.The main issue of this article is the current state of affairs concerning patentctrolling in Great Britain. There is a possibility that this country might be the main focuscof the activities of trolls in the future. Therefore, the description of the British patent systemcwith a bit of a comparison with the American system hopefully can answer, why socfar patent trolls were not fully successful in Great Britain. Moreover, the article brieflycpresents the most significant case so far in the matter of patent trolling in Great Britaincwhich constitutes a precedent applying to standard-essential patents and FRAND rules.cFurthermore, the problematic aspects of the establishment of a European patent withcunitary effect as well as the Unified Patent Court arise. The new court may tempt patentctrolls and simplify their actions. However, Great Britain does not remain idle. A new law has been introduced — Intellectual Property (Unjustified Threats) Act 2017. The purpose of the bill is to provide a protection against groundless threats of infringement proceedings.The main issue of this article is the current state of affairs concerning patentctrolling in Great Britain. There is a possibility that this country might be the main focuscof the activities of trolls in the future. Therefore, the description of the British patent systemcwith a bit of a comparison with the American system hopefully can answer, why socfar patent trolls were not fully successful in Great Britain. Moreover, the article brieflycpresents the most significant case so far in the matter of patent trolling in Great Britaincwhich constitutes a precedent applying to standard-essential patents and FRAND rules.cFurthermore, the problematic aspects of the establishment of a European patent withcunitary effect as well as the Unified Patent Court arise. The new court may tempt patentctrolls and simplify their actions. However, Great Britain does not remain idle. A new law has been introduced — Intellectual Property (Unjustified Threats) Act 2017. The purpose of the bill is to provide a protection against groundless threats of infringement proceedings.
Journal: Problemy Prawa Prywatnego Międzynarodowego
- Issue Year: 2018
- Issue No: 23
- Page Range: 107-122
- Page Count: 16
- Language: Polish