Baker & McKenzie publishes litigation handbook

International law firm Baker & McKenzie has published its Global Patent Litigation Handbook, a practical guide to enforcing patents in a wide range of countries.

Edited by three of the firm’s lawyers, Richard Gough, Stephen Jones and Bill Richardson, the guide covers 33 jurisdictions and explains the costs, complexities and demands of cross-border patent litigation.

The book’s rationale is that IP owners should not assume that national IP laws are harmonised. They must be aware that these differences can often dictate different outcomes to litigation, say the book’s editors.

Across more than 500 pages, readers can get a bird’s-eye view of jurisdictions, from Australia to Venezuela, and learn how best to approach enforcing patents in each.

For each jurisdiction, Gough, Jones and Richardson cover five important areas. They pay particular attention to the “essential elements of a patent infringement action, including who can commence an action, the necessary parties, and what constitutes infringement”.

Next, the editors look at the nature of infringement proceedings, including whether they are adversarial or inquisitorial, the type of evidence permitted, appeal routes, and timing. After then explaining the availability of “urgent” preliminary remedies, each chapter includes the grounds for challenging patent validity, followed by pre-trial and trial procedures.

Completing each individual guide, Baker & Mackenzie illustrates the range and availability of remedies and cost orders, and the options for settlement and alternative dispute resolution.