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;. "Published by the Max Planck Institute for Foreign and International Patent, Copyright and Competition Law, Munich"--Page [ii]. A revised version of the author's doctoral thesis, London School of Economics and Political Science, University of London, 1990. Revisión de la tesis doctoral del autor, London School of Economics and Political Science, University of London, 1990. Originally presented as the author's thesis (doctoral--London University).
Bibliography, etc. Note
Includes bibliographical references (pages 411-426) and index.