Free shipping on orders over $99
The Proportionality Test in European Patent Law

The Proportionality Test in European Patent Law

Patent Injunctions Before EU Courts and the UPC

by Léon Dijkman
Hardback
Publication Date: 14/12/2023

Share This Book:

25%
OFF
RRP  $170.00

RRP means 'Recommended Retail Price' and is the price our supplier recommends to retailers that the product be offered for sale. It does not necessarily mean the product has been offered or sold at the RRP by us or anyone else.

$128.35
or 4 easy payments of $32.09 with
afterpay
This item qualifies your order for FREE DELIVERY

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.

The book'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.

The book thus provides a distinctly European response to a global problem. The book is an invaluable resource for practitioners, clerks, and scholars looking not only for the normative, empirical, and legal basis of proportionality in European patent law, but also for guidance on its real-world operation.

The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

ISBN:
9781509973620
9781509973620
Category:
International law
Format:
Hardback
Publication Date:
14-12-2023
Language:
English
Publisher:
Bloomsbury Publishing PLC
Country of origin:
United Kingdom
Dimensions (mm):
233.93x155.96x17.53mm
Weight:
0.6kg

This title is in stock with our Australian supplier and should arrive at our Sydney warehouse within 1 - 2 weeks of you placing an order.

Once received into our warehouse we will despatch it to you with a Shipping Notification which includes online tracking.

Please check the estimated delivery times below for your region, for after your order is despatched from our warehouse:

ACT Metro: 2 working days
NSW Metro: 2 working days
NSW Rural: 2-3 working days
NSW Remote: 2-5 working days
NT Metro: 3-6 working days
NT Remote: 4-10 working days
QLD Metro: 2-4 working days
QLD Rural: 2-5 working days
QLD Remote: 2-7 working days
SA Metro: 2-5 working days
SA Rural: 3-6 working days
SA Remote: 3-7 working days
TAS Metro: 3-6 working days
TAS Rural: 3-6 working days
VIC Metro: 2-3 working days
VIC Rural: 2-4 working days
VIC Remote: 2-5 working days
WA Metro: 3-6 working days
WA Rural: 4-8 working days
WA Remote: 4-12 working days

You can find this item in:

Show more Show less

Reviews

Be the first to review The Proportionality Test in European Patent Law.