Injunctions and damages for patent infringement under the UPCA in light of the principle of proportionality—Part I: injunctions

Franz Hofmann and Benjamin Raue

Journal of Intellectual Property Law and Practice, 2024, vol. 19, issue 7, 577-589

Abstract: This article examines the availability of injunctions and the award of damages for patent infringement under the Agreement on a Unified Patent Court, in light of the principle of proportionality.Part I focuses on the injunctive relief and analyses the application of the principle of proportionality to injunctions, outlining key factors and scenarios.Part II, which will be published in the next issue, discusses the principles and methods applicable to the calculation of damages, assessing their suitability in light of the principle of proportionality, as defined in European Union law and in the case law of select contracting states.

Date: 2024
References: Add references at CitEc
Citations:

Downloads: (external link)
http://hdl.handle.net/10.1093/jiplp/jpae035 (application/pdf)
Access to full text is restricted to subscribers.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:oup:jiplap:v:19:y:2024:i:7:p:577-589.

Access Statistics for this article

Journal of Intellectual Property Law and Practice is currently edited by Eleonora Rosati, Stefano Barazza and Marius Schneider

More articles in Journal of Intellectual Property Law and Practice from Oxford University Press
Bibliographic data for series maintained by Oxford University Press ().