The Proportionality Test in European Patent Law PDF Download

Author: Léon Dijkman
Publisher: Bloomsbury Publishing
ISBN: 1509973621
Category : Law
Languages : en
Pages : 299

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Book Description
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.

Author: Léon Edward Dijkman
Publisher:
ISBN:
Category : Patent laws and legislation
Languages : en
Pages : 0

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Book Description
This thesis investigates the limitations that the proportionality test imposes on a patentee's entitlement to injunctive relief under European Union (EU) law. It has long been established orthodoxy that a patentee whose valid patent is infringed is entitled to injunctive relief requiring immediate termination of the infringement. In recent years, however, that orthodoxy has come under fire. Industry stakeholders and legal scholars worry that in some circumstances such injunctions can have disproportionate effects. Courts seem receptive to these concerns. The European Court of Justice (ECJ) has emphasised that courts must make case-by-case assessments when issuing remedies for intellectual property (IP) infringements. National courts have followed suit and acknowledged that exceptions exist to the patentee's entitlement to injunctive relief. The tide is therefore clearly turning, but little is known about this proportionality test's substance. This thesis makes the case for a European proportionality framework with three dimensions: overreach, abuse, and conflicts with rights of third parties. Underlying each element of the framework is the principle that a patentee's effective sphere of exclusivity should be commensurate with their inventive contribution. The framework's scope is circumscribed not only by this principle but also by the problems with contemporary patent law that proportionality can legitimately be called upon to resolve. It derives from EU law and its principal legal basis is Directive 2004/48/EC (the Enforcement Directive). The ambition of this thesis is to offer a proportionality framework that is workable for patent courts, predictable for litigants, effective in practice, and in conformity with EU law. It hopes to be a source of inspiration in years to come for courts and scholars as they grapple with the limits that proportionality must set on patent enforcement. --

Author: Ian Muir
Publisher: Oxford University Press, USA
ISBN: 9780199254279
Category : Law
Languages : en
Pages : 450

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Book Description
This text provides an analysis of European patent law and procedure (including practice under the PCT) and examines the provisions and case-law of the European Patent Convention, the Patent Law Treaty, and Community Patent.

Author: Duncan Matthews
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110781719
Category : Law
Languages : en
Pages : 396

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Book Description
This book provides a comprehensive overview of European Patent Law. It presents a critical analysis of the European patent law system and the proposed changes to it. The book explores the strengths and weaknesses of the European Patent Convention, and the interaction between the national and the European level, as well as across borders.

Author: Stefan Luginbuehl
Publisher: Edward Elgar Publishing
ISBN: 9780857933218
Category : Law
Languages : en
Pages : 361

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Book Description
The book is explaining in detail the current discussion regarding the unification of European patent law. It explains the current national legal practices in Europe, describing the legal and factual issues and the different approaches to achieve unification. The book manages to show the complex situation and the different opinions from the beginning of the discussion in a clear and comprehensive manner without requiring previous knowledge of the reader and is therefore to be recommended for everyone interested. Jochen Pagenberg, LL.M. Harvard, President EPLAW, Germany and Thomas Schachl, LL.M., Attorney-at-law, Germany In his detailed study, Stefan Luginbuehl critically examines the latest efforts to establish a common European and EU patent litigation system and suggests possible alternatives to such a system. Due to the lack of a European patent court, both the EPO and national judges interpret European patents and European patent law. This results in diverging interpretation across Europe and costly litigation for patent holders. Stefan Luginbuehl s proposals to promote the goal of a uniform interpretation of patent law and ease the difficulties are timely and highly insightful. Dealing with important legal and political issues related to European patent litigation and the establishment of a common patent litigation system, this book will appeal to practitioners, patent litigators, patent attorneys and judges specialised in patent litigation. Academics teaching and learning IP (patent law), private international law, or international civil procedure, will find this study interesting as the book deals with important aspects of national and international patent litigation, as well as procedural and structural questions related to the establishment of a patent court for Europe.

Author: Richard Hacon
Publisher: Kluwer Law International B.V.
ISBN: 9041145192
Category : Law
Languages : en
Pages : 769

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Book Description
In our technological society patent law plays a central role as an incentive for the development and marketing of new technologies in many fields of business. The number of patent applications continues to grow considerably every year. International and European conventions and other instruments have been implemented in order to simplify the application for and enforcement of patents and which also govern the scope of protection afforded by a patent in Europe. Others are being planned. This second edition of Concise European Patent Law aims to offer the reader a rapid understanding of all the provisions of patent law in force in Europe that have been enacted at the European and international levels. This volume takes the form of an article-by-article commentary on the European Patent Convention and the relevant European Community legislation and international treaties. It is intended to provide the reader with a short and straightforward explanation of the principles of law to be drawn from each provision, with references to the most important case law. Editors and authors are prominent specialists (both academics and practitioners) in the field of international and European patent law. Concise European Patent Law, second edition is one of a series of volumes of commentary on European Intellectual property legislation edited by Thomas Dreier, Charles Gielen and Richard Hacon, based on the respected German and Dutch series ‘Kurzkommentar and Tekst en Commentaar.’

Author: Trevor Cook
Publisher:
ISBN: 9780198726036
Category :
Languages : en
Pages : 480

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Book Description
A practical and authoritative guide to using the European patent system, offering insightful comparative analysis of two major patent jurisdictions, the UK and Germany and prospects for the new Unitary Patent Package, and focusing on both substantive law and procedure.

Author: Rosa Maria Ballardini
Publisher: Kluwer Law International
ISBN: 9789041156051
Category : Law
Languages : en
Pages : 0

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Book Description
Editors and Contributors --Preface --Introduction --European Patent Reforms: General Perspectives --The Substantive Patent Law Framework --Enforcement and Procedural European Patent Law --European Patent Law: Perspectives from Other Fields of Law --Bibliography --Table of Legislation --Table of Cases.

Author: Maximilian Wilhelm Haedicke
Publisher:
ISBN: 9783406650741
Category : Copyright
Languages : en
Pages : 1123

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Book Description
This book offers an in-depth examination of the European patent law regime. Aimed at practising lawyers it provides a one-stop reference for everything that they need to understand the rapidly developing European law on this subject.

Author: C. Bradford Biddle
Publisher: Cambridge University Press
ISBN: 1108426751
Category : Business & Economics
Languages : en
Pages : 379

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Book Description
Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.