by Prof. Dr. Lea Tochtermann of Mannheim University
14 May 2019
This brief paper was developed by Prof. Tochtermann as a resource supporting the webinar she gave 14 May 2019 as part of 4iP Council's webinar series. It covers the legal basis for the discussion on proportionality within TRIPS, European law as well as in selected European jurisdictions, focusing on Germany. It provides an outlook on whether the demand for legislative action is justified. An understanding of the legal background for the proportionality discussion within TRIPS, European law and selected European jurisdictions is offered as well as perspective on the proportionality discussion and its implications concerning the patent system as a whole.
Slides from the webinar can be found in our Publications section.