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Läran om ekvivalens ur ett internationellt perspektiv - vart är vi på väg?

Carlson, Gustav (2010)
Department of Business Law
Abstract
When determining the scope of protection for a patent, there have always been difficulties
delineating what is classified as infringement. On a global market – ever diminishing its trade
barriers – a common definition of infringement ought to be of vital importance. Since there
today, is no common legislation in the field of patents – above the national level – there are
significant differences in the interpretation of patent scope. This essay deals specifically with
the interpretation of ”equivalents”, which may come in question whenever the nature of the
accused item, falls outside the literal meaning of the patent claim.
This thesis aims to clarify the current legal situation in a number of selected countries, and on
the basis of that,... (More)
When determining the scope of protection for a patent, there have always been difficulties
delineating what is classified as infringement. On a global market – ever diminishing its trade
barriers – a common definition of infringement ought to be of vital importance. Since there
today, is no common legislation in the field of patents – above the national level – there are
significant differences in the interpretation of patent scope. This essay deals specifically with
the interpretation of ”equivalents”, which may come in question whenever the nature of the
accused item, falls outside the literal meaning of the patent claim.
This thesis aims to clarify the current legal situation in a number of selected countries, and on
the basis of that, determine whether the legislation and interpretation thereof, internationally
are converging or diverging in the field of equivalents.
The author’s conclusion is that despite major efforts to harmonize national legislation, there
are still essential differences on the international level. With regard to the great efforts that are
being made – within the EU as well as globally – the author’s conclusion is that the
legislation and interpretation thereof, are likely to be converging. (Less)
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author
Carlson, Gustav
supervisor
organization
year
type
M2 - Bachelor Degree
subject
keywords
patent, Ekvivalensläran, EPC 2000, Skyddsomfång, Kravtolkning, Juridical science, Rättsvetenskap, juridik
language
Swedish
id
1544067
date added to LUP
2010-01-27 00:00:00
date last changed
2010-08-03 10:53:02
@misc{1544067,
  abstract     = {When determining the scope of protection for a patent, there have always been difficulties
delineating what is classified as infringement. On a global market – ever diminishing its trade
barriers – a common definition of infringement ought to be of vital importance. Since there
today, is no common legislation in the field of patents – above the national level – there are
significant differences in the interpretation of patent scope. This essay deals specifically with
the interpretation of ”equivalents”, which may come in question whenever the nature of the
accused item, falls outside the literal meaning of the patent claim.
This thesis aims to clarify the current legal situation in a number of selected countries, and on
the basis of that, determine whether the legislation and interpretation thereof, internationally
are converging or diverging in the field of equivalents.
The author’s conclusion is that despite major efforts to harmonize national legislation, there
are still essential differences on the international level. With regard to the great efforts that are
being made – within the EU as well as globally – the author’s conclusion is that the
legislation and interpretation thereof, are likely to be converging.},
  author       = {Carlson, Gustav},
  keyword      = {patent,Ekvivalensläran,EPC 2000,Skyddsomfång,Kravtolkning,Juridical science,Rättsvetenskap, juridik},
  language     = {swe},
  note         = {Student Paper},
  title        = {Läran om ekvivalens ur ett internationellt perspektiv - vart är vi på väg?},
  year         = {2010},
}