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Research: Injunctions in European Patent Law

by Prof. Dr. Lea Tochtermann of Mannheim University

Injunctions in European Patent Law

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.

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Categories: IP and Competition Law, IP Enforcement, Legislation

Publications: Understanding Injunctions in European Patent Law

Understanding Injunctions in European Patent Law

by Prof. Dr. Lea Tochtermann of Mannheim University. This 4iP Council webinar presented the legal basis for the current 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. The slides provide an understanding of the legal background for the proportionality discussion within TRIPS, European law and selected European jurisdictions and perspective on the proportionality discussion and its implications concerning the patent system as a whole.

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Categories: IP and Competition Law, IP Enforcement, Legislation

4iP News: Webinar on the UK Court of Appeal ruling on Unwired Planet v Huawei - slides now available

The Rt. Hon. Sir Robin Jacob and Richard Vary's webinar presentation today on the recent UK Court of Appeal ruling Huawei v Unwired Planet is now available for download.

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Categories: FRAND, IP and Competition Law, IP Enforcement, Legislation

Research: A FRAND Regime for Dominant Digital Platforms

by Mathew Heim and Igor Nikolic

A FRAND Regime for Dominant Digital Platforms

This study explores how European policy and legislation has traditionally applied the ‘fair, reasonable and non-discriminatory’ or FRAND regime in order to ensure access to critical goods or services. This regime provides inspiration in the on-going debate around dominant digital platforms. The authors of this paper are Mathew Heim, Tanfield Chambers and Dr. Igor Nikolic, University College London.

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Categories: Access, Digital Platforms, Digital Single Market, European Commission, FRAND, IP and Competition Law, Legislation, Policy, Regulation, SMEs, Standardisation