Non-subscribers to JIPLP can access this article via the Advance Access link on the journal's website, on a pay-to-access basis.
Key points and practical significance: In our view in an ideal world the enforcement of patent rights should be a game of chess, where all the information is available to both players and the rules are simple and unquestionable. All players accept, understand and interpret the rules the same way. The referee has no role to play. However presently the enforcement of patent rights in Europe feels like playing poker with a strong element of gambling. In the course of current judicial proceedings in Hungary, in many cases, the advocate may even perceive the gambling element in the game of the lawsuit as dominant".
Monday, 8 August 2011
Patent litigation as a game: the case of Hungary
"Footnotes to the patent game: how does homo ludens enforce patent rights in Hungary?" is the challenging title of a quite provocative article by József Tálas (Sar & Partners) which will be published in a forthcoming issue of the Journal of Intellectual Property Law & Practice (JIPLP) and which has been available online to JIPLP subscribers since 29 July. According to its abstract,