Intellectual Property in Common Law and Civil Law
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Intellectual Property in Common Law and Civil Law

Edited by Toshiko Takenaka

Drawing together the views and experiences of scholars and lawyers from the United States, Europe and Asia, this book examines how different characteristics embedded in national IP systems stem from differences in the fundamental legal principles of the two traditions. It questions whether these elements are destined to remain diverged, and tries to identify common ground that might facilitate a form of harmonization.
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Chapter 5: Equitable doctrines in international patent laws

Jan Krauß


This chapter first briefly introduces the different systems of patent-related equitable doctrines and then specifically addresses the doctrine of inequitable conduct of several jurisdictions including the United States, the United Kingdom, Germany, and the Rules as present in the European Patent Convention (‘EPC’). Based on the recent decision of the Court of Appeals for the Federal Circuit (‘CAFC’), Therasense, this chapter will then seek to provide a comparative analysis of the current status of the ‘duty of candor and good faith’ in the U.S. and international equitable doctrines.

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