A Careful Balance: Injunctions, Patentees' Rights And Public Interest

It is important for the Courts to find the right balance between patentees' rights and the public interest when deciding whether to grant an injunction. Rachel Mumby and Olivia Henry explore some of the issues which come up in the life sciences sector.

This article was first published on the Patent Lawyer Magazine, December 2020.

Patents provide exclusionary rights. It is stated in TRIPS¹ that judicial authorities should have the power to issue injunctions to  prevent patent infringement. Indeed, following a finding of infringement of a valid patent, often after a hard-fought trial, many patentees want to ensure that their right to exclude others is exercised.

In England, injunctions are a discretionary remedy². Often it is clear that an injunction is the appropriate remedy; whereas in other circumstances, the patentee's exclusionary rights need to be fettered in order to strike a balance between the rights of the patentee and the public interest. Indeed,