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The future of FRAND Injunction


Picht, Peter Georg (2019). The future of FRAND Injunction. Gewerblicher Rechtsschutz und Urheberrecht: GRUR, 73(11):1097-1103.

Abstract

The CJEU's famous Huawei/ZTE case has added a FRAND layer to general patent injunction law for SEPs. In spite of this specific grid, SEP/FRAND injunction litigation remains rampant, courts are both granting and denying injunctions. The present contribution reviews recent case law from Germany and the UK, assesses its achievements and shortcomings, discusses the impact of the general patent law discourse on a more proportionally based, more flexible granting of injunctions, and suggests some ways forward.

Abstract

The CJEU's famous Huawei/ZTE case has added a FRAND layer to general patent injunction law for SEPs. In spite of this specific grid, SEP/FRAND injunction litigation remains rampant, courts are both granting and denying injunctions. The present contribution reviews recent case law from Germany and the UK, assesses its achievements and shortcomings, discusses the impact of the general patent law discourse on a more proportionally based, more flexible granting of injunctions, and suggests some ways forward.

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Additional indexing

Item Type:Journal Article, not_refereed, original work
Communities & Collections:02 Faculty of Law > Institute of Legal Sciences > Business Law
Dewey Decimal Classification:340 Law
Language:German
Date:2019
Deposited On:16 Jan 2020 10:21
Last Modified:16 Jan 2020 10:22
Publisher:Verlag C.H. Beck
ISSN:0016-9420
OA Status:Closed
Related URLs:https://www.recherche-portal.ch/permalink/f/1h21i27/ebi01_prod010838949 (Library Catalogue)

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