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UPCKat: Proportionality defence against life sciences injunctions takes shape at the UPC

The duration of cat naps are all proportionate,  whether injunctions are may be a different story   If a patent is valid and infringed, the UPC may grant an injunction (Art. 63 UPCA). Long before the UPC opened its doors, there was speculation as to how the court would exercise what appears to be discretion – would injunctions be imposed automatically, or would patentees have to justify them? Different legal systems have arrived at varying approaches to injunctions. The UPCKat (in the form of Niels Hölder and Andreas Hänsele of Carpmaels) is here to examine how the UPC’s approach is starting to take shape: the UPC normally does grant an injunction, unless there are special reasons why it shouldn’t, such as protecting the interests of patients that depend on the contested product. Over to Niels and Andreas: "From Meril v Edwards to Hologic v Siemens In Meril v Edwards , the UPC Court of Appeal (Panel 1) made it clear that the “ need for a high level of protectio...

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