Injunctions in Patent Law: Trans-Atlantic Dialogues on Flexibility and Tailoring

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Injunctions in Patent Law: Trans-Atlantic Dialogues on Flexibility and Tailoring

Edited by Jorge L. Contreras · Martin Husovec
Cambridge University Press February 2025

Specifications

ISBN-13
9781108812955
Publisher
Cambridge University Press
Publication
February 2025
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

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.

Table of Contents

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
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