Does a European patent always entitle its holder to a permanent injunction? This question has sparked vigorous debate in past years but so far remains unresolved. On Friday 12 January, it will be discussed by an all-star panel of European patent judges and professors to celebrate the publication of Léon Dijkman’s new book, The Proportionality Test in European Patent Law (Hart 2023), that squarely addresses the issue.
- Date
- Friday 12 Jan 2024, 15:00 - 18:00
- Type
- Lecture
- Spoken Language
- English
- Room
- CB-3
- Building
- Theil Building
Registration for the event starts at 15.00 and after a short introduction, professor Willem Hoyng (Tilburg University) will address the proportionality test in patent law. This will be followed by a panel discussion with some of the leading individuals in European patent law:
- Rian Kalden: Judge, UPC Court of Appeal
- Matthias Zigann: Judge, UPC Munich Local Division
- Lord Justice Richard Arnold: Judge, Court of Appeal of England and Wales
- Constant van Nispen: Professor, Vrije Universiteit Amsterdam
The event will be of great interest to intellectual property law enthusiasts, as well as those interested in the law of remedies, EU law, and comparative law. Do join us for what promises to be a wonderful debate.
Léon Dijkman, assistant professor at Erasmus School of Law, recently published his new book The Proportionality Test in European Patent Law. The book's 3 parts guide readers from proportionality's normative foundations to its practical applications. Part I argues that, contrary to conventional wisdom, proportionality is not an open-ended balancing test but rather applies the principle of commensurate scope at the remedies stage. Part II offers an in-depth analysis of situations where a permanent injunction risks upsetting that principle. It draws on a unique qualitative study of all US District Court decisions between 2006 and 2020 granting or denying a permanent injunction in patent cases to stake out circumstances where an injunction might have disproportionate consequences. Part III grounds the inquiry in EU law and proposes a proportionality test along three elements: overreach, abuse, and conflicts with third-party rights.
The book can be downloaded free of charge at the publisher’s website here.
