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Article
Hiding Behind Reciprocity: The Temporary Presence Exception and Patent Infringement Avoidance
Michigan Telecommunications and Technology Law Review (2008)
  • Jonas Anderson, American University Washington College of Law
Abstract
The temporary presence exception provides vessels engaged in international transport with a defense to patent infringement when traveling outside of the vessel’s home nation. The exception was adopted internationally and added to the Paris Convention in an effort to (1) minimize the costs associated with transporting between various countries with distinct national patent systems and (2) eliminate international tensions arising from charges of patent infringement when in foreign lands. Although the modern enactments of the temporary presence exception further these goals, this article argues that the exception is overbroad. Specifically, this article argues that the exception’s reciprocity requirement, in concert with the rise of modern international transportation registries and lease arrangements, creates a loophole in which owners can completely eliminate worldwide patent infringement liability for their vessels. This article provides a model registry system and judicial interpretation that are designed to close this patent infringement loophole while maintaining the original goals of the exception’s enactment.
Keywords
  • temporary presence exception,
  • vessels,
  • patent,
  • international patent law,
  • patent infringement
Publication Date
Fall October 28, 2008
Citation Information
Jonas Anderson. "Hiding Behind Reciprocity: The Temporary Presence Exception and Patent Infringement Avoidance" Michigan Telecommunications and Technology Law Review Vol. 15 Iss. 1 (2008) p. 1 - 51
Available at: http://works.bepress.com/jonas_anderson/3/