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Rochelle C. Dreyfuss

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Rochelle C. Dreyfuss

This chapter discusses the mismatch between the global nature of patent exploitation and the territoriality of patent enforcement. Despite the increase in global trade in patented goods, it remains unclear how to bring finality to global disputes and avoid fragmented adjudication in multiple courts, inconsistent judgments and over- or under-enforcement. The chapter begins by considering various attempts litigants have made to use traditional legal practices to alleviate the problems posed by the territoriality of patent law extraterritorial application of local law, consolidation of foreign and domestic claims, and private agreements. It ends with a description of the alternative mechanisms available to national authorities: deep harmonization or an agreement on a procedural framework for coordinating multinational litigation and judgment recognition.

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Rochelle C. Dreyfuss and Katherine J. Strandburg

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The Law and Theory of Trade Secrecy

A Handbook of Contemporary Research

Edited by Rochelle C. Dreyfuss and Katherine J. Strandburg

This timely Handbook marks a major shift in innovation studies, moving the focus of attention from the standard intellectual property regimes of copyright, patent, and trademark, to an exploration of trade secrecy and the laws governing know-how, tacit knowledge, and confidential relationships.
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Graeme B. Dinwoodie and Rochelle C. Dreyfuss