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

Author:   Léon Dijkman (Rotterdam University, the Netherlands)
Publisher:   Bloomsbury Publishing PLC
ISBN:  

9781509973620


Pages:   304
Publication Date:   04 December 2023
Format:   Hardback
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

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


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Author:   Léon Dijkman (Rotterdam University, the Netherlands)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
ISBN:  

9781509973620


ISBN 10:   1509973621
Pages:   304
Publication Date:   04 December 2023
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

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Reviews

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 *


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 *


Author Information

Léon Dijkman is Assistant Professor at Erasmus School of Law, Rotterdam University, and Senior Associate at Hoyng Rokh Monegier, the Netherlands.

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