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Spider In The Web Doctrine
The spider in the web doctrine is a legal doctrine in Dutch patent law governing cross-border injunctions in patent infringement cases. Under this doctrine, the Dutch courts would assume jurisdiction only in cases where the main defendant (the "spider") was located in the Netherlands and where the other defendants were part of a group of companies and acted based on a common business policy of this group (the "web"), regardless of the nation in which the disputed patent was issued. Decisions by the European Court of Justice (ECJ) have cast some doubt on the continuing validity of this doctrine. This is due in part to the fact that the ECJ did not feel that Dutch courts were competent to make predictions or judgments about the validity of patents granted outside the Netherlands, preferring to grant jurisdiction to the countries in which the patent was granted. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Doctrine
A legal doctrine is a framework, set of rules, Procedural law, procedural steps, or Test (law), test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be Case law, equally applied to like cases. When enough judges make use of the process, it may become established as the ''de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction * Legal precedent * ''Ex aequo et bono'' References External links * *Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020) * Emerson H. Tiller and Frank B. Cross,What is Legal Doctrine? " ''Northwestern University Law Review'', Vol. 100:1, 2006. Legal doctrines ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nauta Dutilh
NautaDutilh is an independent law firm practicing Dutch, Belgian, and Luxembourg law. NautaDutilh is one of the largest law firms in Europe, with over 400 lawyers, civil law notaries, and tax advisers in offices in Amsterdam, Brussels, London, Luxembourg, New York, and Rotterdam. The firm history dates back to 1724. NautaDutilh's core practice areas are corporate, banking, and financial law, but it is also widely known for its expertise in the areas of tax, intellectual property, competition and antitrust law, telecoms and media, commercial property, and insurance. In 1795, the firm was involved in loan negotiations between Dutch bankers and representatives of the US government to finance the rebuilding and expansion of Washington, D.C. The firm's partners have a long-standing tradition of public service and many hold academic appointments. In 1903, NautaDutilh hired the first female lawyer in the Netherlands, Adolphine Kok. Over the years, the firm has produced entrepreneurs, po ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dutch Patent Law
Patent law in the Netherlands, or simply Dutch patent law, is mainly governed by the ''Kingdom Patents Act'' ( nl, Rijksoctrooiwet) and the European Patent Convention. A patent covering the Netherlands can be obtained through three different routes: through the direct filing of a national patent application with the Netherlands Patent Office ( nl, Octrooicentrum Nederland) (direct national route), through the filing of a European patent application (European route), or through the filing of an international application under the Patent Cooperation Treaty followed by the entry into European phase of said international application (Euro-PCT route). The Dutch patent has a term of 20 years and has effect in the (European and Caribbean) Netherlands, Curaçao and Sint Maarten. Aruba has its own patent system. Dutch patent National patents applied for directly with Netherlands Patent Office are so-called ‘registration patents’ ( nl, registratieoctrooien): no substantial examination ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of The Netherlands
The Netherlands uses civil law. The role of case law is small in theory, although in practice it is impossible to understand the law in many fields without also taking into account the relevant case law. The Dutch system of law is based on the French Civil Code with influences from Roman Law and traditional Dutch customary law. The new civil law books (which went into force in 1992) were heavily influenced by the German ''Bürgerliches Gesetzbuch''. The primary law-making body is formed by the Dutch parliament in cooperation with the government, operating jointly to create laws they are commonly referred to as the legislature (Dutch: ''wetgever''). The power to make new laws can be delegated to lower governments or specific organs of the State, but only for a prescribed purpose. A trend in recent years has been for parliament and the government to create "framework laws" and delegate the creation of detailed rules to ministers or lower governments (e.g. a province or municipalit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Patent Law
European patent law covers a range of legislations including national patent laws, the Strasbourg Convention of 1963, the European Patent Convention of 1973, and a number of European Union directives and regulations. For some states in Eastern Europe, the Eurasian Patent Convention applies. Patents having effect in most European states may be obtained either nationally, via national patent offices, or via a centralised patent prosecution process at the European Patent Office (EPO). The EPO is a public international organisation established by the European Patent Convention (EPC). The EPO is neither a European Union nor a Council of Europe institution. A patent granted by the EPO does not lead to a single European patent enforceable before one single court, but rather to a bundle of essentially independent national European patents enforceable before national courts according to different national legislations and procedures. Similarly, Eurasian patents are granted by the Eurasi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unitary Patent
The European patent with unitary effect, also known as the unitary patent, is a European patent which will benefit from unitary effect in the participating member states of the European Union. Unitary effect may be requested by the proprietor within one month of grant of a European patent, replacing validation of the European patent in the individual countries concerned. Infringement and revocation proceedings will be conducted in front of the Unified Patent Court (UPC), which decisions will have a uniform effect for the unitary patent for the participating member states as a whole rather than for each country individually. The unitary patent may be only limited, transferred or revoked, or lapse, in respect of all the participating Member States. Licensing is however to remain possible for part of the unitary territory. The unitary patent may coexist with nationally enforceable patents ("classical" patents) in the non-participating states. The unitary patent's stated aims are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Enforcement Of European Patents
European patents are granted by the European Patent Office (EPO) under the legal provisions of the European Patent Convention (EPC). However, European patents are enforced at a national level, i.e. on a per-country basis. Under , "any infringement of a European patent shall be dealt with by national law," with the European Patent Office having no legal competence to deal with and to decide on patent infringements in the Contracting States to the EPC. A few, limited aspects relating to the infringement of European patents are however prescribed in the EPC. Proposals have been long discussed to create a true unitary European patent system across Europe and especially across the European Union (EU), i.e. a European patent system wherein the enforcement of European-wide patents would be dealt at a supranational level rather than at a national level. These projects include the European Union patent (formerly named "Community patent") and the European Patent Litigation Agreement (EPLA ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brussels Regime
The Brussels Regime is a set of rules regulating which courts have jurisdiction in legal disputes of a civil or commercial nature between individuals resident in different member states of the European Union (EU) and the European Free Trade Association (EFTA). It has detailed rules assigning jurisdiction for the dispute to be heard and governs the recognition and enforcement of foreign judgments. Instruments Five legal instruments together form the Brussels Regime. All five legal instruments are broadly similar in content and application, with differences in their territory of application. They establish a general rule that individuals are to be sued in their state of domicile and then proceed to provide a list of exceptions. The instruments further provide for the recognition of judgments made in other countries. Brussels Convention (1968) Recognition and enforcement of judgments in civil and commercial cases was originally accomplished within the European Communities by the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Managing Intellectual Property
''Managing Intellectual Property'' (also known as Managing IP or MIP) is a monthly magazine published in English and specializes in intellectual property.Managing Intellectual Property website''About us'' Consulted on June 27, 2018 Jeremy Phillips launched the magazine in 1990 and sold it to Euromoney Institutional Investor PLC in 1991. MIP is part of the Euromoney's Legal Media Group. Managing IP launched its legal directory publication (World IP Contacts Handbook) in 1994.World IP Contacts Handbook''British Library''Consulted on July 17, 2019. The legal directory was rebranded in 2013 as ''IP STARS'', an annual guide that ranks the leading IP law firms and practitioners across the world.IP STARS''British Library''Consulted on July 17, 2019. The guide is based on an annual research conducted by Managing IP's research analysts in Hong Kong, London and New York.IP STARS website''About us''. Consulted on July 17, 2019. Managing IP's inaugural awards ceremony (in 2006) was attended b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Law Of The Netherlands
Patent law in the Netherlands, or simply Dutch patent law, is mainly governed by the ''Kingdom Patents Act'' ( nl, Rijksoctrooiwet) and the European Patent Convention. A patent covering the Netherlands can be obtained through three different routes: through the direct filing of a national patent application with the Netherlands Patent Office ( nl, Octrooicentrum Nederland) (direct national route), through the filing of a European patent application (European route), or through the filing of an international application under the Patent Cooperation Treaty followed by the entry into European phase of said international application (Euro-PCT route). The Dutch patent has a term of 20 years and has effect in the (European and Caribbean) Netherlands, Curaçao and Sint Maarten. Aruba has its own patent system. Dutch patent National patents applied for directly with Netherlands Patent Office are so-called ‘registration patents’ ( nl, registratieoctrooien): no substantial examination t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Court Of Justice
The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and is based in Luxembourg. It is composed of one judge per member state – currently – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder mus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
