Issuing and Tailoring Patent Injunctions – A Cross-Jurisdictional Comparison and Synthesis

Injunctions in Patent Law: A Trans-atlantic Dialogue on Flexibility and Tailoring (Jorge L. Contreras and Martin Husovec, Editors, Cambridge University Press, Forthcoming)

University of Utah College of Law Research Paper No. 436

31 Pages Posted: 30 Mar 2021 Last revised: 20 Apr 2021

See all articles by Jorge L. Contreras

Jorge L. Contreras

University of Utah - S.J. Quinney College of Law

Martin Husovec

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

Date Written: March 27, 2021

Abstract

This chapter is from the edited volume "Injunctions in Patent Law: A Trans-Atlantic Dialogue on Flexibility and Tailoring" (Jorge Contreras & Martin Husovec, eds., Cambridge Univ. Press, forthcoming). It offers a unique analytical synthesis of eleven national and two regional/international descriptions of flexibilities in patent remedies authored by leading scholars in the field. This synthesis identifies a range of similarities and differences among jurisdictions, explains the principal features of these different legal systems, provides an analytical framework for comparing them, and offers observations about trends and the outlook for the future. The countries studied include Canada, Finland, France, Germany, Israel, Italy, Netherlands, Poland, the United Kingdom, and the United States, with additional commentary on the European Union and the World Trade Organization TRIPS Agreement.

Keywords: patent, injunction, remedies, flexibility, proportionality, eBay

Suggested Citation

Contreras, Jorge L. and Husovec, Martin, Issuing and Tailoring Patent Injunctions – A Cross-Jurisdictional Comparison and Synthesis (March 27, 2021). Injunctions in Patent Law: A Trans-atlantic Dialogue on Flexibility and Tailoring (Jorge L. Contreras and Martin Husovec, Editors, Cambridge University Press, Forthcoming), University of Utah College of Law Research Paper No. 436, Available at SSRN: https://ssrn.com/abstract=3814049

Jorge L. Contreras (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

Martin Husovec

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

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
54
Abstract Views
232
rank
449,001
PlumX Metrics