Eksterytorialne naruszenie patentu

Intellectual property rights, including patents, are territorial and therefore only enforceable in the country where they were granted. However, a strict territorial separation between the different state territories is not the rule. Certain actions in the territory of one state may lead to patent infringement in another state. Many jurisdictions tend to extend their territorial scope to cover such acts in order to protect domestic patent owners. This makes it possible for a person acting in a patent-free jurisdiction to be held liable for patent infringement in the jurisdiction where the patent is in force. Most often, offering or supplying patent-infringing products is targeted when the territory where protection applies is their final destination. Conflicts with the territoriality principle are then inevitable. Some jurisdictions, most notably Germany, extend the territorial scope of their patent laws, creating legal risks for persons who have not been directly involved in a typical form of patent infringement in the country of protection. Duties of care are constructed to make this liability appear fair and balanced. This article argues that territorial overreach of a national (or regional) patent system should not be tolerated. A person acting outside the territorial limits of the patent should only be liable if there is intentional cooperation in the infringement. The common design can overcome territorial boundaries on the same basis as other limitations on patent liability (e.g. failure to fulfil all features of the claims), because then the conduct in question is treated as part of a larger whole and located at its centre (usually the state providing protection). In certain cases, the requisite knowledge or intent is established by objective circumstances that can be assessed by a court.