Enforcement of Patents on Geographically Divisible Inventions ― An Inquiry into the Standard of Substantive Patent Law Infringement in Cross-border Constellations

This work investigates the challenges of enforcement of patent rights in geographically divisible inventions. It considers aspects of technological progress which pose challenges to the established system of patent protection based on the territorial limitation of rights. The analysis focuses on substantive patent law, especially on the infringement provisions. It is carried out in the context of Internet-related inventions, which demonstrate an extraordinarily construed technical nature, namely geographical divisibility. This leads to the inquiry of whether the infringement standard is appropriate in relation to the technological development in ICTs.

Agnieszka Kupzok specializes in intellectual property law. She is a recipient of a full scholarship at the International Max Planck Research School at the Max Planck Institute for Innovation and Competition and the Ludwig Maximilian University in Munich.