Johnson, Phillip ORCID: https://orcid.org/0000-0001-7316-0732 2020. The public interest and patent injunctions: Evalve v Edwards Lifescience [2020] EWHC 513 (Pat). Queen Mary Journal of Intellectual Property |
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Official URL: https://www.elgaronline.com/view/journals/qmjip/10...
Abstract
It is usual for a court to grant a final injunction after a finding of patent infringement. There has been some doubt about how this applied when the patents covered essential medical products. In Evalve v Edwards Lifescience [2010] EWHC 513 (Pat), the court explored the role of the public interest in withholding injunctions and awarding damages in lieu. It construed the public interest narrowly in part due to the existence of compulsory licences. This discussion explores the court’s reasoning and suggests that an even greater link with compulsory licences should be adopted.
Item Type: | Article |
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Date Type: | Publication |
Status: | Published |
Schools: | Law |
Subjects: | K Law > K Law (General) K Law > KD England and Wales |
Publisher: | Edward Elgar Publishing |
ISSN: | 2045-9807 |
Date of First Compliant Deposit: | 27 April 2020 |
Date of Acceptance: | 30 March 2020 |
Last Modified: | 03 Dec 2024 14:15 |
URI: | https://orca.cardiff.ac.uk/id/eprint/131193 |
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