PATENT TROLLS: WHAT EUROPE NEEDS TO LEARN FROM THE US AND ACT URGENTLY TO PREVENT AN ESCALATION OF THE PROBLEM IN EUROPE

Benjamin Franco and Cristian-Silviu Banacu

Proceedings of the INTERNATIONAL MANAGEMENT CONFERENCE, 2018, vol. 12, issue 1, 188-194

Abstract: The US has made significant progress in the patent legislation landscape as evidenced by the US Patent Act in the Constitution and America Invents Act (AIA) of 2011. Nevertheless, patent suits by non-practicing entities (NPEs) have been on the increase over the past ten years. Major corporations, especially, such as Apple and Samsung have been on the receiving end of the litigation as NPEs target their large cash holdings. A closer look at the patent laws in the US and Europe reveals subtle differences in the grace period, publication of patent, and the application of patent rights across member states. Given the preceding facts, vital action points for the European market include the enactment of laws that prevent patent trolls as opposed to punishing NPEs after the act and reduction of litigation costs for low-quality patents.

Keywords: differences between EU and US laws on Intellectual Property Non-Practicing Entities; intellectual property; Intellectual Property Non-Practicing Entities in Europe and the United States patent trolls; US patent laws. (search for similar items in EconPapers)
Date: 2018
References: View complete reference list from CitEc
Citations:

Downloads: (external link)
https://conference.management.ase.ro/archives/2018/pdf/1_21.pdf (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:rom:mancon:v:12:y:2018:i:1:p:188-194

Access Statistics for this article

Proceedings of the INTERNATIONAL MANAGEMENT CONFERENCE is currently edited by Ciocoiu Nadia Carmen

More articles in Proceedings of the INTERNATIONAL MANAGEMENT CONFERENCE from Faculty of Management, Academy of Economic Studies, Bucharest, Romania Contact information at EDIRC.
Bibliographic data for series maintained by Ciocoiu Nadia Carmen ().