We build a model of innovation and patent adjudication under two forms of uncertainty; uncertainty regarding whether the original invention merits protection (non-obviousness), and uncertainty as to whether a particular competitor's product should be barred (infringement). We find that when it...

Recent patent policy emphasizes the superiority of ex ante licensing over ex post patent assertion. Ex ante means before costs are sunk by a patent defendant, so licensing at this stage avoids the leveraging of a defendant’s investments in product design which is a presumptive aspect of...

The starting point is the Singapore Patents Act. The common reliefs available are invalidation and revocation proceedings before the Intellectual Property Office of Singapore (IPOS). Only upon an agreement by the parties involved can the matter of infringement be brought before IPOS. Relief(s)...

Competition law and rules on compulsory licensing are considered as indispensable instruments to balance patent rights. In this article, we examine the room for using such balancing instruments in the context of the UPC. We analyse whether the balancing instruments will remain applicable to...

The current approach for determining when courts should award injunctions in patent disputes involves a myopic focus on the hardships an injunction might impose on the litigants and the public. This article demonstrates, however, that courts sometimes could rely instead on a consideration far...

This article examines the leeway the TRIPS Agreement grants to WTO Members to define their own standard of patentability in the field of pharmaceutical inventions. To this end, the contribution adopts an anecdotal approach: instead of abstractly analyzing the boundaries set by Article 27 TRIPS,...

We propose a model that integrates a series of events regarding patent rights based on real option framework. After the incumbent has acquired a patent, it can be infringed by the challenger, and the conflict between them can be resolved via litigation or settlement with endogenously determined...

For various reasons, businesses and rights holders like to bring patent-related proceedings to the UK court. In addition to the normal situation of litigating UK patents, increasingly the UK court is willing to rule on infringement of foreign patents in the context of contractual disputes, given...

The current Japanese Patent Act has set forth special provisions on the calculation of damages since the time of its enactment (1959). Nevertheless, it had been constantly criticized that appropriate remedies were not being extended to right holders by the compensation for damage even under...