The Proportionality Test in European Patent Law: Patent Injunctions Before EU Courts and the UPC
Autor Léon Dijkmanen Limba Engleză Hardback – 3 dec 2023
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Specificații
ISBN-13: 9781509973620
ISBN-10: 1509973621
Pagini: 304
Dimensiuni: 156 x 234 x 23 mm
Greutate: 0.6 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
ISBN-10: 1509973621
Pagini: 304
Dimensiuni: 156 x 234 x 23 mm
Greutate: 0.6 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
Caracteristici
Suggests a workable, effective, and balanced proposal for proportionality in patent law
Notă biografică
Léon Dijkman is Assistant Professor at Erasmus School of Law, Rotterdam University, and Senior Associate at Hoyng Rokh Monegier, the Netherlands.
Cuprins
Introduction: This is a RhinocerosPart I: Foundations1. The Role and Limitations of Patent Courts 2. Justifying Proportionality Part II: A Solution in Search of a Problem?3. A Diagnosis of the European Patent System Today 4. Lessons from America: eBay and its Applications Part III: Towards a Proportionality Test in European Patent Law5. Conditions and Requirements for Patent Injunctions under EU Law 6. A Proportionality Test for European Patent Law Conclusion
Recenzii
Learned and pragmatic. The proposals advanced by the author to find the appropriate meaning and place for the proportionality defence in infringement actions go a long way to cure a number of dysfunctionalities which currently affect the patent system.
In a world of digitalized industrial interdependency the principle of proportionality in European patent law matters, more than ever. The role of the principle has been much debated. A reader of this book will, after absorbing its elegant analysis, come to at least this conclusion. This is the foundational treatment for which we have been waiting.
This insightful and thought-provoking book is essential reading for lawyers, judges, and scholars as they undertake to integrate the proportionality concept into European patent litigation.
The book offers a modern and compelling way of looking at proportionality for injunctions in European patent law. It is a must-have for every serious patent library.
On the basis of a thorough analysis of the US 'four-factor test' and of EU IP enforcement law, Léon Dijkman presents a theory of 'bounded proportionality', governing the grant of injunctive relief in European patent law.
In a world of digitalized industrial interdependency the principle of proportionality in European patent law matters, more than ever. The role of the principle has been much debated. A reader of this book will, after absorbing its elegant analysis, come to at least this conclusion. This is the foundational treatment for which we have been waiting.
This insightful and thought-provoking book is essential reading for lawyers, judges, and scholars as they undertake to integrate the proportionality concept into European patent litigation.
The book offers a modern and compelling way of looking at proportionality for injunctions in European patent law. It is a must-have for every serious patent library.
On the basis of a thorough analysis of the US 'four-factor test' and of EU IP enforcement law, Léon Dijkman presents a theory of 'bounded proportionality', governing the grant of injunctive relief in European patent law.