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  • Edited by Jorge L. Contreras, University of Utah S.J. Quinney College of Law, Martin Husovec, Department of Law, The London School of Economics and Political Science (LSE)
Publisher:
Cambridge University Press
Online publication date:
April 2022
Print publication year:
2022
Online ISBN:
9781108891103
Creative Commons:
Creative Common License - CC Creative Common License - BY Creative Common License - NC Creative Common License - ND
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC-ND 4.0 https://creativecommons.org/creativelicenses

Book description

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

Full book PDF
  • Injunctions in Patent Law
    pp i-ii
  • Injunctions in Patent Law - Title page
    pp iii-iii
  • Trans-atlantic Dialogues on Flexibility and Tailoring
  • Copyright page
    pp iv-iv
  • Contents
    pp v-vi
  • Notes on Contributors
    pp vii-xvi
  • Preface
    pp xvii-xx
  • 1 - Introduction
    pp 1-4
  • Patent Remedies in the Global Landscape
  • 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
  • Judicial Reflections
  • 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

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