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.

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ACTA and changes in global norms for damages and injunctions (for enforcement of intellectual property)

The Obama Administration, with the support of a Democrat-controlled U.S. Congress, is insisting the Anti-Counterfeiting Trade Agreement (ACTA) negotiations be conducted in secret. We know, from documents obtained in Europe and the summaries released in April 2009, that the draft ACTA has sections that deal with both injunctions and damages. We don’t have the current text. Continue Reading

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KEI Comment to NIST on Bayh-Dole Rights and Cases of Mixed Patent Landscapes

KEI submitted comments to the National Institute of Standards and Technology (NIST) in response to the Request for Information regarding the “Draft Interagency Guidance Framework for Considering the Exercise of March-In Rights” (88 FR 85593) concerning Bayh-Dole rights and the… Continue Reading

USITC avoids taking sides in 497 page report on WTO limited patent extension of exceptions for COVID 19

The USITC has issued a 497 page report on the WTO negotiations over TRIPS and COVID. https://www.usitc.gov/publications/332/pub5469.pdf The USITC release states: The U.S. International Trade Commission (USITC) today released a report about COVID-19 diagnostics and therapeutics and certain flexibilities under… Continue Reading