The Proportionality Test in European Patent Law : Patent Injunctions Before EU Courts and the UPC
The Proportionality Test in European Patent Law : Patent Injunctions Before EU Courts and the UPC
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Author(s): Dijkman, Léon
ISBN No.: 9781509973620
Pages: 304
Year: 202312
Format: Trade Cloth (Hard Cover)
Price: $ 158.70
Dispatch delay: Dispatched between 7 to 15 days
Status: Available

"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." -- Marco Ricolfi, Professor of Commercial Law at the University of Turin, Italy "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." -- Peter Drahos, Professor, European University Institute, Italy "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." -- Thomas F Cotter, Briggs and Morgan Professor of Law at the University of Minnesota Law School, USA "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." -- Martin Husovec, Associate Professor of Law at London School of Economics, UK "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." -- Ansgar Ohly, Chair for Civil Law, Intellectual Property and Competition Law at the University of Munich, Germany.


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