Injunctions in Patent Law

Trans-Atlantic Dialogues on Flexibility and Tailoring

Jorge L. Contreras, Martin Husovec

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English

Cambridge University Press
12 May 2022

Comparative law; IT & Communications law; Intellectual property law

Patents are important tools for innovation policy. They incentivize the creation and dissemination of new technical solutions and help to disclose their working to the public in exchange for limited exclusivity. Injunctions are important tools of their enforcement. Much has been written about different aspects of the patent system, but the issue of injunctions is largely neglected in the comparative legal literature. This book explains how the drafting, tailoring and enforcement of injunctions in patent law works in several leading jurisdictions: Europe, the United States, Canada, and Israel. The chapters provide in-depth explanation of how and why national judges provide for or reject flexibility and tailoring of injunctive relief. With its transatlantic and intra- European comparisons, as well as a policy and theoretical synthesis, this is the most comprehensive overview available for practicing attorneys and scholars in patent law. This book is also available as Open Access on Cambridge Core.

Edited by: Jorge L. Contreras, Martin Husovec
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Edition: New edition
Dimensions: Height: 235mm, Width: 152mm, Spine: 23mm
Weight: 670g
ISBN: 9781108835619
ISBN 10: 1108835619
Pages: 300
Publication Date: 12 May 2022
Audience: General/trade , ELT Advanced
Format: Hardback
Publisher's Status: Active

Preface; About the contributors; 1. Introduction Jorge L. Contreras and Martin Husovec; 2. Injunctive relief in patent law under TRIPS Graeme Dinwoodie and Rochelle Dreyfuss; 3. European Union and the uniform patent court Matthias Leistner and Viola Pless; 4. Injunctions in European Law – judicial reflections Sir Richard Arnold; 5. Canada Norman Siebrasse; 6. Finland Marcus Norrgård; 7. France Thibault Gisclard and Emmanuel Py; 8. Germany Peter Picht and Anna-Lena Karczewski; 9. Israel Orit Fischman-Afori; 10. Italy Alessandro Cogo and Marco Ricolfi; 11. Netherlands Willem Hoyng and Leon Dijkman; 12. Poland Rafał Sikorski and Tomasz Targosz; 13. United Kingdom Sir Richard Arnold and Lionel Bentley; 14. United States John Golden; 15. Issuing and tailoring patent injunctions – a cross-jurisdictional comparison and synthesis Jorge L. Contreras and Martin Husovec; Index.

Jorge L. Contreras is Presidential Scholar and Professor at the University of Utah S.J. Quinney College of Law. Martin Husovec is Assistant Professor at the London School of Economics and Political Science, LSE Law School.