Injunctions

eBay Injunction cases

KEI Blogs

April 29, 2007. Abbott recently sought compulsory license in US patent dispute, http://keionline.org/content/view/43/1

May 28, 2007. Compulsory licensing of copyright under Article 44.2 of the TRIPS, in light of eBay, http://keionline.org/node/1219

June 7, 2010. Anne Mira Guha, U.S. Compulsory licensing of medical inventions as a limit on remedies under eBay v MercExchange. http://keionline.org/node/862

September 1, 2011. James Love, The CoreValve compulsory license on patent to treat aortic stenosis. http://keionline.org/node/1218

U.S. Compulsory licensing of medical inventions as a limit on remedies under eBay v MercExchange

In 2006 the Supreme Court paved the way for, in effect, judicial compulsory licensing by holding in eBay v. MercExchange that, contrary to wide-scale practice at the time, permanent injunctions should not automatically issue upon a finding of patent infringement.

IP Remedies: Injunctions

Among the available remedies for intellectual property right infringement are injunctions or monetary relief. Especially in copyright and patent infringement cases, injunctions have been considered as the usual and de facto automatic remedy to prevent, deter or stop infringement. Injunctions may however also  impose high costs on society.

Notes on limitations to injunctions in the United States

The following are selected examples of U.S. law practices in the enforcement of intellectual property rights, with a particular emphasis on cases where there are limits on injunctive relief.

Canada limitations on injunctions

Copyright

Canada's copyright law contains limits to the ability for parties to obtain injunctive relief for architectural works:

Canada limitations on injunctions

Written by Judit Rius Sanjuan

Copyright

Canada's copyright law contains limits to the ability for parties to obtain injunctive relief for architectural works:

Damages, Injunctions and Transparency key issues in ACTA negotiations

The decision to restart the ACTA negotiations makes it important to understand the nature and consequence of proposed agreement. Following a complaint about transparency, this note focuses on damages and injunctions.

2008 KEI Comments on ACTA Anti-Counterfeiting Treaty


Comments of Knowledge Ecology International on the Proposal for Anti-Counterfeiting Trade Agreement (ACTA)  
 
Submitted to United States Trade Representative
Request for Public Comments, via email:  acta@ustr.eop.gov
 
March 20, 2008
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