Injunctions in European Patent Law

Abstract

Art. 44 TRIPS on injunctions does not state any requirement of proportionality of any sort in the granting of such injunctions: “The judicial authorities shall have the authority to order a party to desist from an infringement [...]“. If the drafters of the TRIPS Agreement had intended to stipulate such precondition they would have explicitly done so. This can be deduced from a comparison to Art. 46 TRIPS on Other Remedies, which explicitly mentions a “need for proportionality” in considering such requests.