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

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  • 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 (UPCA), in light of the principle of proportionality.Part I, published in the previous issue, focused on injunctive relief and analysed the application of the principle of proportionality to injunctions, outlining key factors and scenarios.Part II 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 II: damages," Journal of Intellectual Property Law and Practice, Oxford University Press, vol. 19(8), pages 668-676.
    • Handle: RePEc:oup:jiplap:v:19:y:2024:i:8:p:668-676.
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    File URL: http://hdl.handle.net/10.1093/jiplp/jpae039
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