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Global PatentsLimits of Transnational Enforcement$
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Marketa Trimble

Print publication date: 2012

Print ISBN-13: 9780199840687

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199840687.001.0001

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Conclusions

Conclusions

Chapter:
(p.185) Conclusions
Source:
Global Patents
Author(s):

Marketa Trimble

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199840687.003.0028

This concluding chapter begins with a discussion of the process of patent law internationalization. Patent law internationalization has made tremendous progress, which has improved the position of inventors who strive to protect their inventions in multiple countries or worldwide. However, the process has fallen short of providing viable worldwide protection that will reward inventors for the global disclosure of their inventions. Patent law internationalization to date has developed in three stages. The first stage began in the 1870s and resulted in countries giving foreigners the right to obtain patents under the same conditions as their own nationals. In the second stage countries created mechanisms for obtaining patents in multiple countries. The current (third) stage of patent law internationalization evidences the recognition by countries that international cooperation in the area of intellectual property cannot stop at granting rights in multiple countries; cooperation must embrace the effective enforcement of rights as well. The chapter then considers proposed solutions to the problems of cross-border enforcement and patent law harmonization.

Keywords:   patent protection, patent law internationalization, cross-border enforcement, patent law harmonization

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