Civilproces og konfliktløsning

Injunctions over patents within the EU and the USA

Vadym Semenov

University of Copenhagen, Faculty of Law, CIIR 

  vadym.semenov@jur.ku.dk 

 +45 31 21 83 48

  

Starting date: 16.09.2015

Completion date: 15.09.2018

Project description:

The project involves comparative legal analysis of approaches towards injunctions over patents employed in the EU and the USA in the light of legislative provisions implemented in TRIPS. Despite patents grant considerably strong monopoly to its owner which includes the right to prohibit exploitation of the given patent by third parties, in some special cases the monopoly above is limited by the courts during consideration of applications for injunctive relief. Therefore, the project addresses the ratio between patent rights and practical possibility of their enforcement in both jurisdiction.