by Prof. Dr. Lea Tochtermann of Mannheim University
14 May 2019
The paper 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. The paper was developed by Prof. Tochtermann as a resource supporting the 4iP Council webinar she presented on 14 May 2019 (see our Webinar page). It is a short version of the paper entitled ‘Injunctions in European Patent Law’ published January 2020 in ZGE/IPJ - Zeitschrift für Geistiges Eigentum/Intellectual Property Journal which is available in english and german at https://www.mohrsiebeck.com/artikel/injunctions-in-european-patent-law-101628zge-2019-0018.