Untersuchung dysfunktionaler Effekte bei der Durchsetzung von Patenten

The discussion on the enforcement of patents is largely centred on injunctive relief as the core of the exclusive nature of the patent. In addition to this, there are claims for damages and various accompanying claims, such as recall or destruction. The claims are embedded in the procedural framework. In principle, this overall system serves to enforce the rights of the patent proprietor. However, the patent as such primarily serves the overriding function of promoting innovation. The work shows how the building blocks of patent law enforcement are connected and how they can each be designed and utilised in order to do justice to the function of patent law as such.