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

Explains how the tailoring of injunctions in patent law works in Europe, the United States, Canada, and Israel.

Jorge L. Contreras (Edited by), Martin Husovec (Edited by)

9781108835619, Cambridge University Press

Hardback, published 12 May 2022

300 pages
23.5 x 15.2 x 2.3 cm, 0.67 kg

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.

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 Rafa? 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.

Subject Areas: Intellectual property law [LNR], IT & Communications law [LNQ], Comparative law [LAM]