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Examining ex parte in rei patenti


application of the ex parte injunction of Article 1019e Dutch Code of Civil Procedure in Dutch patent litigation procedures
W. Dammers
Pages: 136 pages
Published: 01-2011
Publisher: WLP
Language: US
ISBN (softcover) : 9789058506221


What is claimed:

1 A thesis concerning the research whether it should be possible to order an ex parte injunction under
2 Dutch patent laws, and if so under what conditions, compromising;
3 An explanation of what the ex parte injunction is and what requirements apply with regard to Article 1019e of the Dutch Code of Civil Procedure and Directive 2004/48/EC;
4 The interpretation by Dutch courts of those requirements in copyright, trademark right, design right and database right litigations;
5 The history of the ex parte injunction;
6 A comparison with some other European countries;
7 An overview of what requirements should apply;
8 The characteristics of patents and patent litigation;
9 Weighing the balance whether the ex parte injunction should or should not apply in patent litigation