It is not an overstatement to say that essentially all business is global, and the protection of intellectual property is the lifeblood of all business. The scope and implementation of that protection, however, varies from country to country.
It would be ideal if there was one universal set of laws, rules and procedures. But, while the efforts of many dedicated individuals have accomplished much in harmonising intellectual property protection, we remain defined as much by our differences as by what we have in common. It is therefore incumbent on all of us, as advisers to our clients, to be conversant with the individual practices in each of the economically significant countries.
The goal of this review is to provide that guidance. We have assembled a body of leading practitioners to explain the opportunities for intellectual property protection in their respective jurisdictions, together with the most significant recent developments and any aspects that are unique to their country. While we have striven to make the book both accurate and comprehensive, we must note that it is necessarily a summary and overview, and we strongly recommend that the reader seek the advice of experienced advisers for application of the principles contained in this review to any specific matter.
This review is a testament to the flux of intellectual property law worldwide. We first published this review in 2011, with chapters from 24 countries. This fifth edition now includes chapters from 30 countries, a clear indication of the truly global reach of intellectual property law and the need to remain current for our clients worldwide. Since the first edition, we have observed the dramatic overhaul of the patent system in the United States with the implementation of the American Invents Act. In Europe, we have seen the near completion of the Unified Patent Court. It is our hope that the reader will find this a useful compilation and often-consulted guide.
Robert Baechtold is one of the founding partners of Fitzpatrick, Cella, Harper & Scinto, and is widely recognised for his experience and accomplishments in patent litigation. Over the past 40 years, Mr Baechtold has prepared, tried and argued intellectual property cases primarily in the fields of pharmaceuticals, biotechnology, chemistry and polymeric materials.
He has argued numerous appeals before the Court of Appeals for the Federal Circuit and has served as President of that Court’s Bar Association. He has appeared as lead counsel in litigation for major international companies such as Bristol-Myers Squibb, Warner-Lambert, Merck, Pharmacia, Astellas Pharma, GD Searle, Novartis, AstraZeneca, Sanofi-Aventis, UCB, American Cyanamid, Takeda Chemical Industries, SC Johnson & Son, Hoechst Celanese, American-Maize Product, DuPont, Union Carbide, Emory University and Bausch & Lomb.
Mr Baechtold was recognised as New York Intellectual Property Lawyer of the Year by The Best Lawyers in America (2011), and as a top practitioner in every edition since 1995. He was listed as a leading individual in Tier 1 of the 2003–2011 editions of Chambers USA: America’s Leading Lawyers for Business and the 2003–2011 editions of Chambers Global: The World’s Leading Lawyers for Business, where client comments include: ‘He has everything you need – he knows how to try cases, counsel and direct strategies. In pharmaceutical patent litigation, he’s the greatest that ever was,’ and ‘a top trial lawyer – he’s quick on his feet, elegant and thorough in presentation, possessing excellent judgment and tremendous gravitas’. Mr Baechtold is listed in the current and past editions of the Patent Practitioners section of Legal Media Group’s Expert Guides. He was also listed as a top New York City intellectual property litigator in the 2006–2011 issues of ‘New York Super Lawyers’ – Metro magazine, and as a Tier 1 litigator in IAM magazine’s guide ‘Patent Litigation 250: The World’s Leading Patent Litigators (2011)’. He was recognised in the 2012 edition of Who’s Who Legal: Patent Lawyers and in PLC Which Lawyer? (2011) as an endorsed attorney. Mr Baechtold was named Seton Hall University School of Law’s 2009 distinguished graduate.
He received a JD degree, magna cum laude, granted by Seton Hall University School of Law, and a BS in Chemistry granted by Rutgers University. He is a member of the bars of the states of New York and New Jersey, and of several federal district courts and courts of appeal.
The publisher acknowledges and thanks the following for their learned assistance throughout the preparation of this book: