Remedies

Toshiko Takenaka

Chapter 17 in The Law and Theory of Patents, 2026, pp 432-454 from Edward Elgar Publishing

Abstract: This chapter examines remedies for patent infringement, focusing on the evolving balance between injunctions, monetary relief, and corrective measures in an era of complex, multi‑component technologies. TRIPS requires member states to provide effective civil remedies, including injunctions and damages, while allowing flexibility in their application. Historically, injunctions served as the primary remedy, reflecting patents’ nature as exclusive property rights. However, technological complexity, patent thickets, and standards‑based innovation have increasingly strained product‑wide injunctions and complicated the calculation of damages.

Keywords: Infringement remedies; Injunctions; Damages; Lost profits; Reasonable royalty; Infringer's profits (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035310425
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