Patent law injunctions
By: edited by Rafał Sikorski
Publisher: Wolters Kluwers
Published: 2019
Place of publication: Alphen aan den Rijn, The Netherlands
Language: eng
Number of pages: 250
ISBN-13: 9789041194572
Copyright date: 2019
Subjects: Patent suits; Injunctions
Description: Patent Law Injunctions' is a comparative work on injunctive relief in patent law in major jurisdictions around the world. It contains an extensive analysis of the United States, the European Union (EU), selected EU Member States (Germany, France, the Netherlands, Belgium, the United Kingdom and Poland), China, India, Japan and South Korea. It covers both preliminary (interim) and permanent injunctions. In numerous jurisdictions, courts have realized that injunctive relief should not be available automatically in case of patent infringement. Particularly in the wake of the US Supreme Court decision in eBay v. MercExchange, it has become clear that granting an injunction may in some cases enable abuse by patent holders in order to obtain royalties exceeding significantly the value of the patent-protected invention or that it may be manifestly against the public interest.
Notes: Includes bibliographical references.
Table of contents: title: Injunctive relief in US patent cases  -- Jorge L. Contreras; title: Patent injunctions in the European Union law  -- Rafał Sikorski; title: Injunctions against patent infringement under English law  -- Trevor Cook; title: Injunctions in Germany  -- Arno Risse; title: Injunctions in French patent law  -- Amandine Léonard; title: Patent injunctions in Dutch law  -- Matt Heckman; title: Injunctive relief in Polish patent law  -- Rafał Sikorski, Piotr Andrzejewski & Piotr Ruchała; title: Injunctive relief in China's patent law  -- Liguo Zhang; title: Patent injunction heuristics in India  -- Yogesh Pai; title: Patent injunctions in South Korea  -- Yoonhee Kim & Hui Jin Yang; title: Injunctive relief in Japan  -- Christoph Rademacher; title: Between automatism and flexibility : injunctions in the twenty-first century -- Rafał Sikorski.