The expert group on Intellectual Property of ie-net organizes a webinar in co-operation with an expert team of British, Dutch, French and German attorneys-at-law and patent attorneys to address the Doctrine of Equivalents on national and European level.
The Protocol on the Interpretation of Article 69 EPC requires claims to be interpreted in such a way as to include equivalents on a feature-by-feature basis. However, no test is given as to how the equivalency is to be determined. The Doctrine of Equivalents broadens the scope of protection afforded to European patents in certain circumstances, but will also add complexity and potentially legal uncertainty to infringement analysis by judges, patent owners and third parties alike. Traditionally, there has been no agreement among the member states of the EU or of the EPC as to how equivalency is to be determined. This has resulted in well publicised contradictory decisions. Now, on the eve of the introduction of the UPC, the question faces legal practitioners throughout Europe as to how this important doctrine is to be applied. Will there be EU national, EPC and UPC differing versions of this doctrine? Is harmonization now essential?
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