The enforcement of patent rights raises complex, and, from a private international law perspective, unique difficulties. Since intellectual property practitioners started to seek the consolidation of cross-border patent disputes, the interplay of private international rules has led to drastic changes in patent litigation across Europe. This book analyses in detail both the European rules on jurisdiction (the Brussels Convention and its successors) and the choice of law rules as they apply to cross-border patent disputes, and will be essential reading for both intellectual property lawyers and international commercial litigation specialists.

Part I: Introduction The Internationalisation of Patent Law The Supranationalisation of Patent Law Purpose and Structure of the Work Part II: Extraterritorial jurisdiction Introduction Foundations of Jurisdiction Rules Applicable to Patent Disputes The Current Vehicles Towards Extraterritorial Jurisdiction Part III: Cross-border Patent Enforcement Strategies Introduction Cross-border Litigation at the Defendant's Domicile Cross-border Litigation at the Place of the Infringement Preliminary and Interlocutory Cross-border Litigation Part IV: Opposition to Cross-border Patent Infringement Actions Introduction Challenging the Validity of a Patent Declaration of Non-infringement Challenging the Enforcement of Foreign Cross-border Decisions Part V: Selecting the Governing Law Introduction The Construction of Conflict of Law Rules Applicable to Patent Infringement Cases Sources of Conflict of Law Rules Comparative Overview of Choice of Law Rules Applicable to Patent Infringement Disputes Case Study: Which Law Applies to Patent Disputes Brought Before the Belgian Courts ? Concluding Remarks Part VI: General Conclusions The Necessity of Cross-border Patent Enforcement The Availability of Cross-border Patent Enforcement The Unpredictability of Cross-border Patent Enforcement Bibliography

Marta Pertegas Sender , Attorney, Nauta Dutilh, Brussels and Lecturer in Private International Law, K.U. Leuven