Skadestånd vid patentintrång
Sammanfattning: Damages are generally considered to be the most central and important sanction for patent infringement, as they are the patent holder’s only opportunity to be financially compensated for losses suffered as a result of infringement. As patent has become increasingly important in line with rapid economic and technological development in society, the sanctions – including damages – have also received more attention, both nationally and internationally.The party seeking damages must, according to general rules of procedure and evidence, be fully able to “prove” that some sort of loss has occurred, that the loss extends to the amount being claimed in damages, and that the loss was caused by the patent infringement. In practice, this has proven very difficult for the patent holder.The aim of this dissertation is to examine the effectiveness of damages in patent infringement cases. In order to analyse damages as a sanction for patent infringement, what problems there are, and what solutions may be possible, the dissertation addresses both damages as a sanction and the patent litigation process with a special focus on evidence.What purpose imposed damages for patent infringement serve and whether it is possible to calculate if patent infringement is profitable are some of the questions answered. Other issues concerning alternative calculation methods and the possibility of punitive damages for deliberate infringement are also discussed. One section analyses the need for evidence relief rules with a relatively comprehensive de lege ferenda argument regarding the possibility of changing current evidence rules and which alternative solutions might then be considered. Concrete suggestions for change and improvement are presented. The dissertation also addresses problems with the current dispute resolution system within patent law. In particular, it analyses the efficiency of the litigation process, including potential changes intended to deal with the long, complex, and costly patent litigation processes.
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