The Risks of Patent Litigation Within the EU Enforcement Framework – How to Address Abusive Practices
CRIDES Working Paper Series no. 2/2020 The Risks of Patent Litigation Within the EU Enforcement Framework – How to Address Abusive Practices by Alain Strowel and Amandine Léonard February 2020 Cite as: Alain Strowel and Amandine Léonard, The Risks of Patent Litigation Within the EU Enforcement Framework – How to Address Abusive Practices, CRIDES Working Paper Series no.2/2020 The CRIDES, Centre de recherche interdisciplinaire Droit Entreprise et Société, aims at investigating, on the one hand, the role of law in the enterprise and, on the other hand, the function of the enterprise within society. The centre, based at the Faculty of Law – UCLouvain, is formed by four research groups: the research group in economic law, the research group in intellectual property law, the research group in social law (Atelier SociAL), and the research group in tax law. www.uclouvain.be/fr/instituts-recherche/juri/crides This paper © Alain Strowel and Amandine Léonard 2020 is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License https://creativecommons.org/licenses/by-sa/4.0/ THE RISKS OF PATENT LITIGATION WITHIN THE EU ENFORCEMENT FRAMEWORK HOW TO ADDRESS ABUSIVE PRACTICES Alain Strowel and Amandine Léonard The Risks of Patent Litigation Within the EU Enforcement Framework The Risks of Patent Litigation Within the EU Enforcement Framework – How to Address Abusive Practices By Alain Strowel and Amandine Léonard* Keywords: Patent litigation, Flexibility and Injunctive Relief, Proportionality, Abuse of Rights, Patent Assertion Entities, Patent Trolls, Article 3(2) Enforcement Directive, Directive (EU) 2004/48 Abstract The debate over the degree of flexibility at the disposal of national courts in Europe to grant, deny, or tailor, injunctive relief in patent litigation seems to be a never-ending story.
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