Infringement of the rights conferred by a European Community patent : substantive community law.
The thesis deals with the effects of European patents
for the Common harket, i. e. the rights conferred by the
Community patent, and the acts constituting an
infringement of these rights. This subject is governed,
as a rule, by the provisions set out in Chapter II of
Part II of the Community Patent Convention 1975 (CPC).
This excludes procedural aspects of infringement, and
other related matters not covered by the CPC, which are
to be determined by national law. The thesis examines in
the introduction what are the issues covered solely by
Community law, and what are the issues, concerning
substantive law of infringement, to which national law
will be applicable.
The thesis is concerned with the scope of infringing
activity under the CPC, and examines the effectiveness
and justification of the exclusive rights which it
confers upon the patentee. This covers, on the one hand,
the acts constituting an infringement, i. e. direct
infringement relating to patented products, patented
processes and products obtained by such processes, as
well as indirect infringement. On the other hand, it
concerns the acts excepted by the CPC from the scope of
infringing activity, the territorial limitation of the
Community patent, the exhaustion of rights doctrine and
temporal scope of infringement.
For the purpose of analyzing the relevant CPC
provisions, and proposing policies and solutions for its
interpretation, the thesis examines the CPC's objectives,
its relationship with EEC law and its legal history. This
is in addition to a comparative study which includes
references to the former and present law of EEC countries
(to the extent of the availability of materials published
in English), British Commonwealth countries and the U. S..
A special emphasis is put on U. K. law,