Proportionality Test in European Patent Law : Patent Injunctions Before Eu Co...

by Dijkman, Léon

€58 · Offered by eBay

Proportionality Test in European Patent Law : Patent Injunctions Before Eu Courts and the Upc, Paperback by Dijkman, Léon, ISBN 1509973664, ISBN-13 9781509973668, Like New Used, Free P&P in the UK Does a European patent always entitle its holder to a permanent injunction? This question has sparked vigorous debate in past years but so far remains unresolved. This open access book presents a detailed, practical, and comprehensive test to determine when injunctive relief should be limited on proportionality grounds. Th's 3 parts guide readers from proportionality's normative foundations to its practical applications. Part I argues that, contrary to conventional wisdom, proportionality is not an open-ended balancing test but rather applies the principle of commensurate scope at the remedies stage. Part II offers an in-depth analysis of situations where a permanent injunction risks upsetting that principle. It draws on a unique qualitative study of all US District Court decisions between 2006 and 2020 granting or denying a permanent injunction in patent cases to stake out circumstances where an injunction might have disproportionate consequences. Part III grounds the inquiry in EU law and proposes a proportionality test along three elements: overreach, abuse, and conflicts with third-party rights. Th thus provides a distinctly European response to a global problem. Th is an invaluable resource for practitioners, clerks, and scholars looking not only for the normative, empirical, a

• ISBN: 9781509973668
• Condition: Fine

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