IDEAS home Printed from https://ideas.repec.org/a/oup/jiplap/v19y2024i7p577-589..html
   My bibliography  Save this article

Injunctions and damages for patent infringement under the UPCA in light of the principle of proportionality—Part I: injunctions

Author

Listed:
  • Franz Hofmann
  • Benjamin Raue

Abstract

This article examines the availability of injunctions and the award of damages for patent infringement under the Agreement on a Unified Patent Court, in light of the principle of proportionality.Part I focuses on the injunctive relief and analyses the application of the principle of proportionality to injunctions, outlining key factors and scenarios.Part II, which will be published in the next issue, discusses the principles and methods applicable to the calculation of damages, assessing their suitability in light of the principle of proportionality, as defined in European Union law and in the case law of select contracting states.

Suggested Citation

  • Franz Hofmann & Benjamin Raue, 2024. "Injunctions and damages for patent infringement under the UPCA in light of the principle of proportionality—Part I: injunctions," Journal of Intellectual Property Law and Practice, Oxford University Press, vol. 19(7), pages 577-589.
    • Handle: RePEc:oup:jiplap:v:19:y:2024:i:7:p:577-589.
    as

    Download full text from publisher

    File URL: http://hdl.handle.net/10.1093/jiplp/jpae035
    Download Restriction: Access to full text is restricted to subscribers.
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:oup:jiplap:v:19:y:2024:i:7:p:577-589.. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Oxford University Press (email available below). General contact details of provider: https://academic.oup.com/jiplp .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.