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VIDEO · 27 NOVEMBER 2024

IP Insights: Are UPC Injunctions Subject To Proportionality Considerations? (2024) (Video)

Bardehle Pagenberg
Bardehle Pagenberg
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Bardehle Pagenberg

Bardehle Pagenberg

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The Unified Patent Court is debating whether a disproportionality defense can counter injunction claims in patent cases. While injunctions protect innovation, courts must balance proportionality, considering economic impact, competition, and public interest in individual cases.

United KingdomIntellectual Property
Bardehle Pagenberg
Bardehle Pagenberg
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What has previously been a global discussion has now reached the Unified Patent Court. Is there a disproportionality defense? These are the points to consider.

The UPC member states are in discussions whether you can defend yourself with a disproportionality defense against an injunction claim in patent law. Against such a defense you could argue with the rationale and purpose of patent law. The injunction claim is the sharpest sword patent law foresees to protect innovation, and this weapon should not be weakened. On the other hand, we have the principle of proportionality which is recognized across jurisdictions. Individual cases may therefore require considering not only the interest of the parties involved, but also of third parties and the general public.

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