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ARTICLE · 09 APRIL 2001

Enforcing Patents In Europe – Germany As An Example

GermanyIntellectual Property
Heinz Goddar
Heinz Goddar

1. Enforcing Patents In The European Union (EU)

Whilst the international systems that have come into force in the past, namely the Patent Cooperation Treaty (PCT) and the European Patent Convention (EPC), did not touch and influence the kind in which patents could be enforced in the member countries of European Union (EU), by introducing of some kind of a Community Patent Convention (CPC) such situation will change dramatically. A discussion for the sake of simplicity will focus onto the situation in Germany for the purposes of this paper, similar provisions, as far as national and EPC based national parts of "bundle" patents are concerned, applying to the other EU countries, according to their respective national laws, however. A more detailed discussion of the principles of claim interpretation in Germany will follow.

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