Injunctions
ACTA's Article 2.X on Injunctions: the July 1, 2010 text
Submitted by James Love on 14. July 2010 - 13:46From the July 1, 2010 text of ACTA:
Article 2.X Injunctions
U.S. Compulsory licensing of medical inventions as a limit on remedies under eBay v MercExchange
Submitted by Anne Mira Guha on 7. June 2010 - 10:42In 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
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
Submitted by James Love on 15. June 2009 - 9:52The 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
Submitted by James Love on 19. May 2008 - 22:00Request for Public Comments, via email: acta@ustr.eop.gov
March 20, 2008