@article{19867, note = {Contents : 1. General; 2. Historical development, objectives, and fundamentals of the Community Patent; 2.1 The European background; 2.2 The EEC initiative and the 1962 Draft; 2.3 The TWO CONVENTIONS scheme; 2.4 The European Patent Convention; 2.5 The Community Patent Convention; 2.6 The Luxembourg Conferences of 1985 and 1989; 3. Community patent infringement litigation : main features; 4. The law applicable on matters of infringement; 4.1 General criteria for applying community or national law; 4.2 Choice of applicable national law; 4.3 Liability for infringement; 4.4 Defences against an infringement claim; 4.5 Procedure and remedies; 4.6 Non-patent law causes of action; 4.7 Supremacy of the Rome Treaty; 4.8 Interpretation of community patent law; 5. Fundamentals of infringement under the CPC; 6. Infringement relating to patented products; 6.1 Products covered by Article 25(a) CPC; 6.2 Making the product; 6.3 Offering the product; 6.4 Putting the product on the market; 6.5 Using the product; 6.6 Importing or stocking the product; 7. Infringement relating to patented processes; 7.1 Using the process; 7.2 Offering the process for use; 8. Infringement relating to direct products of a patented process; 8.1 Introduction; 8.2 Obtained directly; 8.3 Products made by a patented machine; 8.4 The protection given by product and process claims : a concluding comparison; 9. Indirect infringement; 9.1 Introduction; 9.2 Supplying or offering to supply means; 9.3 Supply of means for putting the invention into effect; 9.4 The link between the means and the invention; 9.5 A party entitled to exploit the invention; 9.6 Parts or materials supplied for repair and maintenance of patented products; 9.7 The knowledge requirement; 9.8 Supply of STAPLES coupled with inducement; 10. Territorial scope of infringement; 10.1 Geographical boundaries of the Community Patent; 10.2 Applicable law and basic principles; 10.3 Territorial aspects of direct infringement; 10.4 Territorial aspects of indirect infringement; 11. Exceptions to infringement; 11.1 Private non-commercial use; 11.2 Experimental use; 11.3 Preparation of a medicine; 11.4 Use on vessels, aircraft or land vehicles; 12. Exhaustion of rights; 12.1 The exhaustion of rights doctrine under national laws; 12.2 The exhaustion rule of the European Court of Justice; 12.3 Article 28 CPC : objectives and interrelation with the EEC law; 12.4 Consent to first marketing; 12.5 Express consent; 12.6 Marketing by the proprietor or persons related to him; 12.7 Marketing by an infringing licensee; 12.8 Exhaustion of rights in parallel patents and assignments; 12.9 First marketing requirement and direct sales; 12.10 Putting on the market; 12.11 Acts concerning a product covered by the patent; 12.12 Territorial scope of exhaustion; 12.13 Exhaustion in the absence of patent protection; 12.14 Exceptions to exhaustion; 13. Temporal scope of infringement; 13.1 Rights conferred by a published application; 13.2 Infringement during term; 14. Final conclusions; Appendix 1. Article 25-28 and 32(1) CPC; Appendix 2. Comparative table of the 1975 and 1989 CPC; A. Table of laws (National, EEC, European and International) B. Table of cases; C. Bibliography; Index;.}, author = {Benyamini, Amiram, and Benyamini, Amiram.}, url = {http://tind.wipo.int/record/19867}, title = {Patent infringement in the European community /}, recid = {19867}, pages = {xix, 432 pages ;}, }