How Will the European Patent Judges Understand Proportionality?

Forthcoming in Jurimetrics (2020) Vol. 60(4)

5 Pages Posted: 28 Sep 2020

See all articles by Martin Husovec

Martin Husovec

London School of Economics - Law Department; Stanford University - Stanford Law School Center for Internet and Society

Date Written: August 12, 2020

Abstract

Patent Remedies and Complex Products: Towards a Global Consensus is an excellent piece of scholarly work. It blends comparative and forward-looking analyses that enable rapid understanding of existing legal systems and specific problems, while keeping in mind the original goals of the patent system. In this contribution, I would like to expand on the view that courts in Europe and else-where should increasingly moderate injunctive relief beyond the confines of competition law. Concurring with this view, I will outline (1) why competition law and its framing is only a by-product of European federalism and (2) why the same federalism keeps the Court of Justice of the European Union (CJEU) from having any real impact on patent law remedies, including why proportionality as a concept needs to be clarified.

Keywords: patent law, enforcement, proportionality, EU law

JEL Classification: K2

Suggested Citation

Husovec, Martin, How Will the European Patent Judges Understand Proportionality? (August 12, 2020). Forthcoming in Jurimetrics (2020) Vol. 60(4) , Available at SSRN: https://ssrn.com/abstract=3672095

Martin Husovec (Contact Author)

London School of Economics - Law Department ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

Stanford University - Stanford Law School Center for Internet and Society ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

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