tag:blogger.com,1999:blog-5574479.post6936704125562485771..comments2024-03-29T06:00:27.896+00:00Comments on The IPKat: Will the Enforcement Directive consultation impact the UPC? Verónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-5574479.post-15410607936558986542016-01-19T17:29:32.956+00:002016-01-19T17:29:32.956+00:00The issue discussed in the US (against the backgro...The issue discussed in the US (against the background of the eBay decision) is whether grant of permanent injunctions in the UPC will be essentially automatic or whether the principle of proportionality will be taken into account. See e.g. the decision of Justice Arnold in HTC v Nokia (3 December 2013)"("Drawing these threads together, I consider that Article 3(2) of the Enforcement Directive permits and requires the court to refuse to grant an injunction where it would be disproportionate to grant one even having regard to the requirements of efficacy and dissuasiveness. Where the right sought to be enforced by the injunction is a patent, however, the court must be very cautious before making an order which is tantamount to a compulsory licence in circumstances where no compulsory licence would be available. It follows that, where no other countervailing right is in play, the burden on the party seeking to show that the injunction would be disproportionate is a heavy one. I suspect that the practical effect of this approach is little different to Pumfrey J’s test of “grossly disproportionate”)Stephen Johnsonhttps://www.blogger.com/profile/09132491042265575095noreply@blogger.com