Induced patent infringement across the globe – are you ready?

In just a few months, the fruits of one of my favourite projects will be revealed.  It’s a detailed and strategic look at intellectual property and related issues in the pharmaceutical, biotechnology and chemical industries.  It covers 11 jurisdictions, has a Europe overview section and will be published by Oxford University Press.  It is topic based, so that you can see how the same issue is dealt with across the globe all in one spot.

Back to the topic of this blog post, here’s an excerpt to give you a taste of one of the overview summary sections which sit before the detailed country sections at the start of each Part:

Inducement or procurement to infringe under Australian, United Kingdom and Japanese law occurs by virtue of the procuring party becoming a joint tortfeasor along with the direct infringer.  In order to be an indirect infringer under this doctrine in Australia and the UK, the procurer must take steps designed to produce the infringement and thereby become a party to it.  In the China and the USA, inducement to infringe requires an intent to actively induce infringement.   Under Italian and Canadian law, indirect infringement occurs by virtue of inducement or procurement.   Under Australian, Canadian Chinese and US law, there must first be an act of direct infringement before an act of procurement can create liability for indirect infringement.  This is not the case in other jurisdictions.

Oxford has kindly granted a 20% discount for readers of IP Think Tank. To claim your discount, just click this link (Pharmaceutical, Biotechnology and Chemical Inventions) and enter the code ‘ALBUCK10’ , or call the team at Oxford on +44 (0) 1536 741727 and use the code ‘ALBUCK10’.  (Note:  this offer is only available on orders placed direct with Oxford University Press and is not available through any other supplier.)

Just to give you a little more background, the book will be published in a 2 volume set, with about 2,500 pages.  It’s designed for the in-house team – to make things way easier than they are today.

Finally, thanks again to our incredible contributor team, each of whom are amongst the very best in the world:

  • Pravin Anand, Anund and Anund, India
  • John Bateman, Kenyon & Kenyon, USA
  • Susan Beaubien, Moffat & Co, Macera & Jarzyna LLP, Canada
  • Theo Bodewig, Humboldt University, Germany (Consultant Editor)
  • Simon Cohen, Taylor Wessing, UK
  • Wayne Condon, Griffith Hack, Australia
  • Marina Couste, Howrey LLP, France
  • Robert A. Dormer, Hyman, Phelps & McNamara, P.C., United States
  • Atsushi Hakoda, Nakamura & Partners, Japan
  • Juany Huang, Panawell and Partners LLC, China
  • Reuben E. Jacob, R. G. C. Jenkins, UK
  • Fabrizio Jacobacci, Studio Legale Jacobacci & Associati, Italy
  • Kurt R. Karst, Hyman, Phelps & McNamara, P.C., United States
  • Klaus Kupka, Taylor Wessing, Germany
  • David C. Musker, R. G. C. Jenkins, UK
  • Cyra Nargolwalla, Cabinet Plasseraud, France
  • Nina Resinek, Taylor Wessing, Germany
  • Toshio Takizawa, Nakamura & Partners, Japan
  • Koichi Tsujii, Nakamura & Partners, Japan
  • Klaus Schweitzer, Plate Schweitzer Zounek, Patentanwaelte, Germany
  • Deborah Somerville, Kenyon & Kenyon, USA
  • Paul Steinhauser, Arnold Siedsma, Netherlands
  • Nigel Stoate, Taylor Wessing, UK
  • Rosie Stramandinoli, Griffith Hack, Australia
  • Otto Swens, Steinhauser Hoogenraad, Advocaten, The Netherlands
  • Andreas Walkenhorst, Tergau & Pohl Patentanwälte, Germany
  • William Yang Panawell & Partners LLC, China
  • Federico Zanardi Landi, Studio Legale Jacobacci & Associati, Italy

In just a few months, the fruits of one of my favourite projects will be revealed.  It’s a detailed and strategic look at intellectual property and related issues in the pharmaceutical, biotechnology and chemical industries.  It covers 11 jurisdictions, has a Europe overview section and will be published by Oxford University Press [link to book].  It is topic based, so that you can see how the same issue is dealt with across the globe all in one spot.

Oxford has kindly granted a 20% discount [link] for readers of IP Think Tank. Just click this link (Pharmaceutical, Biotechnology and Chemical Inventions), or call the team at Oxford on +44 (0) 1536 741727 and use the code ‘ALBUCK10’.  (Note:  this offer is only available on orders placed direct with Oxford University Press and is not available through any other supplier.)

Here’s an excerpt to give you a taste of one of the overview summary sections which sit before the detailed country sections at the start of each Part:

[Inducement or procurement to infringe under Australian, United Kingdom and Japanese law occurs by virtue of the procuring party becoming a joint tortfeasor along with the direct infringer.  In order to be an indirect infringer under this doctrine in Australia and the UK, the procurer must take steps designed to produce the infringement and thereby become a party to it.  In the China and the USA, inducement to infringe requires an intent to actively induce infringement.   Under Italian and Canadian law, indirect infringement occurs by virtue of inducement or procurement.   Under Australian, Canadian Chinese and US law, there must first be an act of direct infringement before an act of procurement can create liability for indirect infringement.  This is not the case in other jurisdictions.]

Just to give you a little more background, the book will be published in a 2 volume set, with about 2,500 pages.  It’s designed for the in-house team – to make things way easier than they are today.

Finally, thanks again to our incredible contributor team, each of whom are amongst the very best in the world: Kenyon & Kenyon (USA), Taylor Wessing (EP, UK & Germany), Jenkins (UK), Anand & Anand (India), Nakamura & Partners (Japan), Griffith Hack (Australia), Macera & Jarzyna (Canada), Panawell (China), Cabinet Plasseraud (France), Howrey (France), Jacobacci & Associati (Italy), Steinhauser Hoogenraad (Netherlands), and [insert name of Otto Swens’ new firm…] (Netherlands).

One Comment on “Induced patent infringement across the globe – are you ready?

  1. Pingback: New IP resource for Pharma, Biotech and Chem and You can’t always get what you want – restrictions on remedies in IP litigation

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