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Stockholm IP Law Review
Article . 2022 . Peer-reviewed
License: CC BY
Data sources: Crossref
SSRN Electronic Journal
Article . 2023 . Peer-reviewed
Data sources: Crossref
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Injunctions in the UPC And the Principle of Proportionality

Authors: Ansgar Ohly;

Injunctions in the UPC And the Principle of Proportionality

Abstract

The way towards a European patent judiciary is best characterised by the title of a Beatles song: it has been “a long and winding road”. But after many proposals, initiatives and setbacks the Unified Patent Court now finally seems to become reality. The tricky issue of whether the UK could still participate even after Brexit1 has been solved – in a very unfortunate way, but it has been solved. The constitutional challenge in Germany has made a new implementation in the German Parliament necessary,2 but the new implementing act reached the necessary two-third majority, and the German Federal Constitutional Court has recently refused to accept a constitutional complaint against the new implementation.3 The UPC Agreement (hereinafter UPCA) has now reached the stage of provisional application. Germany is acting as a gatekeeper and will deposit its ratification once the preparations have been finalised.4

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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!
1
Average
Average
Average
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