Proportionality and flexibilities in final injunctive relief

Description

The paper presented explains why the UPC system as it is drafted now will cause a race to the top in terms of providing the strongest judicial enforcement. Amongst other things, it argues that there is no push from the EU to break with the existing automated tendencies based on the current result of EU harmonisation in patent enforcement, then questions the UPC’s capability and willingness to break with these tendencies based on the UPCA’s formulations and organisational features of the UPC, and explores (the limits of) some legislative solutions to move Europe away from automated tendencies in patent enforcement.

As the time allocated was only 10-12 minutes per speaker, the presentation focused merely on the role and implications of domestic law in the UPC system and certain organisational features.

Period	16 Sept 2022
Event title	European Policy for Intellectual Property: Opening IP for a Better World?
Event type	Conference
Location	Cambridge, United KingdomShow on map