{"title":"Injunctions in European Patent Law","authors":"L. Tochtermann","doi":"10.1628/zge-2019-0018","DOIUrl":null,"url":null,"abstract":"Art. 44 TRIPS on injunctions does not state any requirement of proportionality of any sort in the granting of such injunctions: “The judicial authorities shall have the authority to order a party to desist from an infringement [...]“. If the drafters of the TRIPS Agreement had intended to stipulate such precondition they would have explicitly done so. This can be deduced from a comparison to Art. 46 TRIPS on Other Remedies, which explicitly mentions a “need for proportionality” in considering such requests.","PeriodicalId":309477,"journal":{"name":"Zeitschrift für geistiges Eigentum","volume":"6 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Zeitschrift für geistiges Eigentum","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1628/zge-2019-0018","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
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Abstract
Art. 44 TRIPS on injunctions does not state any requirement of proportionality of any sort in the granting of such injunctions: “The judicial authorities shall have the authority to order a party to desist from an infringement [...]“. If the drafters of the TRIPS Agreement had intended to stipulate such precondition they would have explicitly done so. This can be deduced from a comparison to Art. 46 TRIPS on Other Remedies, which explicitly mentions a “need for proportionality” in considering such requests.
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