Patent Infringement Agreements
The court stated that the patent owner could delineate the scope of the license by limiting the “who, what, when and where” of an authorized sale. These restrictions protect the patent owner`s package of rights and infringement can give rise to claims of infringement. On the other hand, restrictions that do not inform whether a sale is allowed and have nothing to do with the rights of the patent owner do not limit the scope of the license and can be regulated by contract law. In addition, the Brussels III Directive “on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters”, which applies to 26 members of the European Patent Convention (all members of the European Union except Denmark), takes into account” the problems posed by intellectual property rights, according to a 2008 report in the UK, not completely.” These disputes are usually based on parallel national laws and not on pan-European rights. [9] As a result, parties wishing to sue a patent often have to initiate as many proceedings to know where and when disputes should be heard and decided as on the dispute that originated. [10] In 1999, the Member States of the European Patent Organisation set up a “Procedures Management” Group to propose an optional arrangement for the creation of such a central judicial system. At its fifth meeting, on 19 and 20 November 2003, the Group prepared a draft agreement and a draft Statute of the European Patent Court. [11] The proposal at EPO level corresponded to a similar proposal by the European Commission and the Council on a Luxembourg European Patent Court at EU level [12] in relation to the Community patent. In October 2006, the European Parliament adopted a resolution on future measures in the field of patents.
With regard to the EPLA, it considered that “the proposed text required substantial improvements to allay concerns about democratic control, the independence of the judiciary and court costs, as well as a satisfactory proposal for a Rules of Procedure of the EPLA Tribunal”, and asked its Legal Service to provide a preliminary legal opinion on a possible overlap with the acquis communautaire. [16] While indemnification agreements may be included in business settlement agreements, indemnification disputes and patent indemnification disputes may arise. . . .