Thursday, 28 May 2009

A tale of two papers

Two pieces of contemporary research relating to different aspects of patent dispute resolution have recently come to light. One is the SABIP literature review of IP enforcement by Kimberlee Weatherall, Lionel Bently and Elizabeth Webster, mentioned on PatLit here. The other is Dietmar Harhoff's study on the Unified Patent Court, mentioned on PatLit here.

The purpose of this post is twofold. 

First, it is to make these documents more widely available to interested parties who may be seeking to formulate their own solutions, or to identify difficulties raised in the proposals made by others, in the course of the ongoing debate as to how patents should be litigated -- and how patent litigation can be made affordable -- in the UK and in Europe as a whole.  Since the SABIP paper looks like being the foundation upon which further UK policy is to be formed, and the Harhoff paper may have corresponding influence with the European Commission, it is disappointing that these two papers have not been more widely publicised and disseminated among people who use and depend upon the present system, and upon whose cooperation will depend the efficacy of any patent litigation reforms.

Second, the Journal of Intellectual Property Law & Practice (JIPLP) would like to hear from anyone who is willing to write a comparative review of these two documents. If you have the time, the inclination and the credentials, please email me here and let me know. 

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