With its prerogatives, European intellectual property law provides a favorable and safe environment for rights holders, however that can lead to excessive use of the rights granted. The monetization of such behavior into a business model leads to the development of patent trolls, whose main criticism is the opportunistic enforcement of rights for the sole purpose of gaining profit without contributing to the technological progress of the society.
The master thesis undertakes to answer the question whether the emergence of patent trolls on the European market indicates an issue of abuse of rights, which can result in the inhibition of innovation and general development. Bearing this in mind, the master thesis will assess the impact of patent trolls on the future development of European patent law in terms of effectively limiting the harmful behavior of such entities.
When answering these questions, the concept of patent trolls will be described in the context of the genesis of their creation. Additionally, relevant and interesting examples will be presented, followed by a critical assessment of patent trolls in the light of the Directive 2004/48/EC and the principle of prohibition of abuse of rights.
The master thesis will pursue the view that a general ban on the activity of all forms of patent trolls does not represent an effective response to the threat of such entities. Instead, the strategy to curb the influence of patent trols, taking into account the specifics of their business models, should focus on preventing the abuse of rights, while at the same time providing the space for innovation and prosperity of the EU.
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