KEI letter to Senator Coons regarding injunction provisions in STRONGER Patents Act

KEI-Sen-Coons-injunctions-strongpatentsact-11Sept2019 September 11, 2019 The Honorable Senator Christopher Coons 218 Russell Senate Office Building Washington, DC 20510 Dear Senator Coons: Knowledge Ecology International (KEI) is a public interest group based in Washington, DC. KEI focuses on policies relating to the… Continue Reading

TPP provisions on Injunctions, are the TRIPS exceptions in or out?


This note looks at the TPP, ACTA and TRIPS provisions on injunctions, and finds the TPP text unclear, as regards the possibility of exceptions to the obligation to make injunctions available in cases in of infringements. We have asked USTR and USPTO to clarify this issue.


The TRIPS text on injunctions reads as follows:

Section 2: civil and administrative procedures and remedies
Article 44 – Injunctions.

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ACTA is not consistent with US laws on injunctions and damages

Two areas where ACTA is inconsistent with US law, injunctions and damages
KEI Policy Brief, 2011:2
30 September 2011, revised 3 October 2011
James Love and Krista Cox

As the U.S. is reportedly about to sign ACTA, we wanted to point out two important areas where ACTA is not consistent with U.S. law. These are the sections of ACTA dealing with injunctions and damages. Below we have included the text from ACTA and the WTO TRIPS agreement on these two topics.

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