Setting the Scene : Preliminary Injunctions, Patents and Uncertainty -- Independent Economic and Doctrinal Reasons in Favour of the Availability of the Remedy of Preliminary Injunctions -- Potential Risks with the Grant of Preliminary Injunctions in Patent Litigation -- Case Study of the role of Preliminary Injunctions in Practice : Generic Entry in the Pharmaceutical Market -- How Courts Can Deal with Preliminary Injunctions from the Perspective of Law & Economics Theory -- International and European Obligations and Preliminary Injunctions -- Overview of National Legal Frameworks and the Practices and Issues Courts Encounter -- Preliminary Injunctions under the Unified Patent Court : What is known and to be Expected.
Summary:
This academic work investigates various approaches for deciding on the grant of preliminary injunctions in patent litigation. These can be a highly effective remedy, but a decision to grant a preliminary injunction is taken early in the course of litigation and often under a cloud of uncertainty. If granted too easily or erroneously, preliminary injunctions can have negative consequences on competition and innovation. The author looks at (judicial) standards that have been developed in various national jurisdictions, Legal theory and Law and Economics. The lessons learned here can be of particular relevance for the future Unified Patent Court. -- Provided by publisher.
Series:
European University Studies in Law ; volume 6089 European University Studies in Law ; volume 6089
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