Between automatism and flexibility : injunctions in the twenty-first century / Rafa¿ Sikorski. Patent injunctions in the European Union law / Rafa¿ Sikorski -- Injunctions against patent infringement under English law / Trevor Cook -- Injunctions in Germany / Arno Risse -- Injunctions in French patent law / Amandine Leonard -- Patent injunctions in Dutch law / Matt Heckman -- Injunctive relief in Polish patent law / Rafa¿ Sikorski, Piotr Andrzejewski & Piotr Rucha¿a -- Injunctive relief in China's patent law / Liguo Zhang -- Patent injunction heuristics in India / Yogesh Pai -- Patent injunctions in South Korea / Yoonhee Kim & Hui Jin Yang -- Injunctive relief in Japan / Christoph Rademacher -- Between automatism and flexibility : injunctions in the twenty-first century / Rafa¿ Sikorski.
Summary:
Patent Law Injunctions' is a comparative work on injunctive relief in patent law in major jurisdictions around the world. It contains an extensive analysis of the United States, the European Union (EU), selected EU Member States (Germany, France, the Netherlands, Belgium, the United Kingdom and Poland), China, India, Japan and South Korea. It covers both preliminary (interim) and permanent injunctions. In numerous jurisdictions, courts have realized that injunctive relief should not be available automatically in case of patent infringement. Particularly in the wake of the US Supreme Court decision in eBay v. MercExchange, it has become clear that granting an injunction may in some cases enable abuse by patent holders in order to obtain royalties exceeding significantly the value of the patent-protected invention or that it may be manifestly against the public interest.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.