Patent Infringement – Europe's Pursuit of Harmonization
Dr. Anna Horn’s recently published doctoral thesis delves into the pressing challenges of patent law in Europe, focusing on the pursuit of a harmonized framework that balances the protection of innovation with the preservation of member states’ legal autonomy.
The patent system is a fundamental driver of innovation, safeguarding inventors’ rights and fostering economic growth. However, within Europe, significant disparities in the definition and enforcement of patent infringement create legal uncertainty. This fragmented landscape poses challenges for businesses and researchers navigating varying national regulations while striving to protect their innovations in a competitive and interconnected market.
Dr. Anna Horn's dissertation, Harmonising the Acts of Patent Infringement in Europe, successfully defended at Stockholm University on November 22, 2024, centers on these issues. Her research explores pathways to harmonize European patent law and examines the legal and practical hurdles that must be overcome to achieve a more unified system.
The Complexities of Harmonization
One of the central issues explored in the thesis is the inconsistency in how patent infringement is interpreted and regulated across European jurisdictions. Such discrepancies lead to significant uncertainty for cross-border actors, with divergent exceptions and limitations further complicating the landscape. For businesses, these inconsistencies result in heightened costs and legal risks, which in turn can impede innovation and economic growth.
The establishment of the Unified Patent Court (UPC) represents a critical step toward harmonization. Dr. Horn highlights the potential of the UPC to deliver consistent and expert rulings in patent disputes. However, she also raises concerns about the implications of a specialized tribunal, noting that it may risk overlooking broader EU legal principles or the interplay with other areas of law. Moreover, the increasing centrality of the UPC could diminish the relevance of national legal frameworks, raising further questions about the balance of power within the European legal order.
The Future of European Patent Law
Dr. Horn concludes by underscoring the pivotal role of the UPC in shaping the future of European patent law. If the court can effectively balance diverse national interests with the EU’s objectives for a cohesive internal market, the next decade could see the emergence of a more unified and distinctly European patent framework.
Her research offers critical insights for legal practitioners, policymakers, and stakeholders in innovation-driven industries. By addressing both the opportunities and challenges of harmonization, Dr. Horn’s work contributes to a deeper understanding of how European patent law can evolve to promote innovation and growth while ensuring legal certainty and maintaining a balance between competing interests.
Read the thesis with Open Access in DiVA
About the Public defence | November 22 | 2024
Opponent was Professor Tuomas Mylly, University of Turku.
The examining committee consisted of Professor Inger Berg Ørstavik, Oslo University, Professor Paul Torremans, Nottingham University, and Professor Justine Pila, Oxford University.
Supervisors was Associate Professor Åsa Hellstadius and Professor Lydia Lundstedt, Stockholm University, and Professor Bengt Domeij, Uppsala University.
Text: Natalie Oliwsson
Last updated: December 11, 2024
Source: Department of Law