Infringement of European and National Utility Model Patents

Journal article

1 online resource (pages 987–992)

Headnotes by the Editorial Office 1. Possession of a national utility model patent does not preclude the holder from applying for a European patent. 2. However, it is not possible to combine the protection afforded by the European patent with that arising from the national one. If a European patent is issued, the national one ceases to be valid as its effects are absorbed by the protection afforded by the European patent for its entire duration. 3. Where a party has raised invalidity only as an objection, and no specific application to have the patent found invalid has been filed, the judgement in question cannot be deemed res judicata. 4. An injunction is subject to an assessment of the risk – not necessarily obvious – of the offence being repeated. A court might refrain from issuing an injunction in cases where, on the basis of the evidence placed on file, this risk can in effect be excluded since it has been established that further infringements are not possible.

Crossref

GRUR International ; 73, 10, 2024, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2024.

English

https://academic.oup.com/grurint/article/72/3/231/6998505

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