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Permanent link (DOI): https://doi.org/10.7939/R34F1MZ4W

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Transnational telecommunications patents and legislative jurisdiction Open Access

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Author or creator
Hutchison, Cameron
Yahya, Moin
Additional contributors
Subject/Keyword
International patent laws
Patent disputes
Telecommunications
National patent laws
Territorial market rights
Type of item
Journal Article (Published)
Language
English
Place
Time
Description
Introduction: The recent Court of Appeals, Federal Circuit (CAFC) decision in NTP, Inc. v. Research in Motion, Ltd., (hereinafter the BlackBerry decision)1 ushered in a new era of jurisdictional uncertainty concerning transnation patent disputes. The court's standard of "control and beneficial use" for infringement purposes, with respect to a telecommunications system with components located in both Canada and the U.S., leaves the jurisdictional reach of U.S. patent law open-ended. In the wake of the decision, different approaches have been discussed by none seem entirely satisfactory from the perspectives of fairness, predictability, and consistency with international patent law. In this short paper, we propose that these objectives may best be achieved if states use a principle of territorial market rights to determine legislative jurisdiction applicable to transnational telecommunications patent disputes. This approach would guide courts in applying national patent law according to where territorial market rights in an invention have been exploited.
Date created
2008
DOI
doi:10.7939/R34F1MZ4W
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© 2008 Hutchison, C., & Yahya, M. A. This version of this article is open access and can be downloaded and shared. The original author(s) and source must be cited.
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