Injunctions in Patent Law: Trans-Atlantic Dialogues on Flexibility and Tailoring

doi:10.1017/9781108891103

Patents are important tools for innovation policy. They incentivize the creation and dissemination of new technical solutions and help to disclose their working to the public in exchange for limited exclusivity. Injunctions are important tools of their enforcement. Much has been written about different aspects of the patent system, but the issue of injunctions is largely neglected in the comparative legal literature. This book explains how the drafting, tailoring and enforcement of injunctions in patent law works in several leading jurisdictions: Europe, the United States, Canada, and Israel. The chapters provide in-depth explanation of how and why national judges provide for or reject flexibility and tailoring of injunctive relief. With its transatlantic and intra- European comparisons, as well as a policy and theoretical synthesis, this is the most comprehensive overview available for practicing attorneys and scholars in patent law. This book is also available as Open Access on Cambridge Core.

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Contents

Injunctions in Patent Law
pp i-ii
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Injunctions in Patent Law - Title page
pp iii-iii
Trans-atlantic Dialogues on Flexibility and Tailoring
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Copyright page
pp iv-iv
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Contents
pp v-vi
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Notes on Contributors
pp vii-xvi
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Preface
pp xvii-xx
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1 - Introduction
pp 1-4
Patent Remedies in the Global Landscape
- By Jorge L. Contreras, Martin Husovec
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2 - Injunctive Relief in Patent Law under TRIPS
pp 5-25
- By Graeme B. Dinwoodie, Rochelle C. Dreyfuss
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3 - European Union
pp 26-64
- By Matthias Leistner, Viola Pless
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4 - Injunctions in European Law
pp 65-69
Judicial Reflections
- By Richard Arnold
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5 - Canada
pp 70-96
- By Norman Siebrasse
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6 - Finland
pp 97-123
- By Marcus Norrgård
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7 - France
pp 124-141
- By Thibault Gisclard, Emmanuel Py
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8 - Germany
pp 142-170
- By Peter Georg Picht, Anna-Lena Karczewski
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9 - Israel
pp 171-193
- By Orit Fischman-Afori
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10 - Italy
pp 194-217
- By Alessandro Cogo, Marco Ricolfi
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11 - Netherlands
pp 218-236
- By Willem A. Hoyng, Léon E. Dijkman
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12 - Poland
pp 237-260
- By Rafał Sikorski, Tomasz Targosz
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13 - United Kingdom
pp 261-290
- By Lionel Bently, Richard Arnold
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14 - United States
pp 291-312
- By John M. Golden
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15 - Issuing and Tailoring Patent Injunctions
pp 313-342
A Cross-Jurisdictional Comparison and Synthesis
- By Jorge L. Contreras, Martin Husovec
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Injunctions in Patent Law

Trans-Atlantic Dialogues on Flexibility and Tailoring

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Contents

Injunctions in Patent Law
pp i-ii

Injunctions in Patent Law - Title page
pp iii-iii

Copyright page
pp iv-iv

Contents
pp v-vi

Notes on Contributors
pp vii-xvi

Preface
pp xvii-xx

1 - Introduction
pp 1-4

2 - Injunctive Relief in Patent Law under TRIPS
pp 5-25

3 - European Union
pp 26-64

4 - Injunctions in European Law
pp 65-69

5 - Canada
pp 70-96

6 - Finland
pp 97-123

7 - France
pp 124-141

8 - Germany
pp 142-170

9 - Israel
pp 171-193

10 - Italy
pp 194-217

11 - Netherlands
pp 218-236

12 - Poland
pp 237-260

13 - United Kingdom
pp 261-290

14 - United States
pp 291-312

15 - Issuing and Tailoring Patent Injunctions
pp 313-342

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Trans-Atlantic Dialogues on Flexibility and Tailoring

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