Skip to content
Home/ Proportionality Test in European Patent Law: Patent Injunctions Before EU Courts and the UPC
Proportionality Test in European Patent Law: Patent Injunctions Before EU Courts and the UPC

Proportionality Test in European Patent Law: Patent Injunctions Before EU Courts and the UPC

by Dijkman, Léon
No customer reviews yet ISBN 9781509973668

Does a European patent always entitle its holder to a permanent injunction?

This question has sparked vigorous debate in past years but so far remains unresolved. This open access book presents a detailed, practical, and comprehensive test to determine when injunctive relief should be limited on proportionality grounds.

The book's 3 parts guide readers from proportionality's normative foundations to its practical applications. Part I argues that, contrary to conventional wisdom, proportionality is not an open-ended balancing test but rather applies the principle of commensurate scope at the remedies stage. Part II offers an in-depth analysis of situations where a permanent injunction risks upsetting that principle. It draws on a unique qualitative study of all US District Court decisions between 2006 and 2020 granting or denying a permanent injunction in patent cases to stake out circumstances where an injunction might have disproportionate consequences. Part III grounds the inquiry in EU law and proposes a proportionality test along three elements: overreach, abuse, and conflicts with third-party rights.

The book thus provides a distinctly European response to a global problem. The book is an invaluable resource for practitioners, clerks, and scholars looking not only for the normative, empirical, and legal basis of proportionality in European patent law, but also for guidance on its real-world operation.

The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

About the author

Product details

Pub dateMay 29, 2025
ISBN-101509973664
ISBN-139781509973668
LanguageEnglish
Last updated 2026-09-07 12:21
$67.24
In stock — ships in 24 hours with free tracking
Delivery by Tuesday, September 29, 2026
Qty
Sign in to Add to Saved list
Free delivery on orders over $35.
15-day returns. Any reason.
Secure checkout. We never store card details.

Readers who bought this also bought

More from Intellectual Property - Patent
See all
General Information Concerning Patents 2015
Available
$8.10
Access to Medicine in the Global Economy: International Agreements on Patents and Related Rights
Ho, Cynthia M
$175.86
Inclusive Innovation in the Age of AI and Big Data
As artificial intelligence and big data analytics reshape economies and societies, the promise of innovation is increasingly shadowed by concerns over inclusion, equity, and global justice. This accessible, interdisciplinary volume brings together established and emerging voices from across the world to critically examine issues lying at the intersection of innovation, intellectual property, and inequality in the age of artificial intelligence and big data. <p/>Featuring empirical studies, legal analyses, policy critiques, interdisciplinary perspectives, and global insights, <em>Inclusive Innovation in the Age of AI and Big Data</em> underscores the tremendous impact gender, race, and other socioeconomic factors have on innovation and intellectual property ecosystems. This volume also explores structural barriers in these ecosystems, diversity initiatives in the patent area, metrics for measuring inclusivity and diversity in innovation, changes brought about by artificial intelligence and big data, and the evolution of the global innovation and intellectual property systems. <p/>In an era marked by rapid technological change, extraordinary opportunities, and deepening inequality, this volume offers carefully designed reform strategies and policy recommendations to make innovation and intellectual property ecosystems more equitable, effective, and socially responsive. <p/>This is an open access title available under the terms of a CC BY-NC-ND 4.0 International license. It is free to read on the Oxford Academic platform and offered as a free PDF download from OUP and selected open access locations.
$186.84
Indian Patent Law and Practice (UK)
Kankanala, K C
$44.19
Inventions and Official Secrecy: A History of Secret Patents in the United Kingdom
O'Dell, Tom H
$110.03
Drafting Patent and Know-How Licencing Agreements
Anderson, Mark
$260.00