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Article . 2025 . Peer-reviewed
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Article . 2025
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Intellectual Property, Injunctions, and Proportionality: Towards a Uniform Approach

Authors: Teunissen, P.;

Intellectual Property, Injunctions, and Proportionality: Towards a Uniform Approach

Abstract

Abstract This article examines the role of proportionality in the context of injunctive relief. It highlights the need for flexibility where an injunction could impose excessive burdens on infringers or third parties, such as in cases involving minor infringements, complex products, or conflicting fundamental rights. The article argues for a uniform test, positioning proportionality as a hardship clause that enables courts to tailor the scope or timing of injunctions through measures such as grace periods and carve-outs. Although the primary focus is on injunctive relief, the article also considers the relevance of proportionality for corrective measures such as destruction, removal, and recall. By providing a structured framework, the article aims to support courts in striking a fair balance between effective enforcement and the interests potentially affected by an injunction.

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Keywords

Business and Patrimonial Law, Algemeen Vermogensrecht

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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