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What Constitutes Infringement What Constitutes Infringement
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Infringement in the United Kingdom Infringement in the United Kingdom
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Before the Patents Act 1977 Before the Patents Act 1977
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Case Law and Statute Law Case Law and Statute Law
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Infringement Under the 1977 Act Infringement Under the 1977 Act
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Infringement in the United States Infringement in the United States
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Infringement in Relation to Drug Registration Infringement in Relation to Drug Registration
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Research Exemption Research Exemption
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Sovereign Immunity Sovereign Immunity
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Research Exemptions in Other Countries Research Exemptions in Other Countries
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Procedure in the United Kingdom Procedure in the United Kingdom
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Remedies Remedies
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Who May Sue Who May Sue
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Threats Threats
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Procedure in the United States Procedure in the United States
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Procedure in Continental Europe Procedure in Continental Europe
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Procedure in Asia Procedure in Asia
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Cite
Abstract
This chapter discusses patent law enforcement in the UK, US, Continental Europe, and Asia, first considering the rules on infringement. In the UK, for instance, patent infringement is not a crime, but a tort. Essentially, the right given by a patent is the right to sue for infringement. While this is true for all countries having an Anglo-Saxon legal system and also for many others, there are some countries in which patent infringement is a criminal offence. With regard to procedure, matters of patent law are under the sole jurisdiction of federal courts in the US. In the UK, nearly all infringement actions are heard by the courts and regulated by the Civil Procedure Rules 1998. In Continental Europe, most of the evidence is written, rather than oral, and the role of the judge is seen more as that of an investigator than that of a referee.
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