Ep 72: Over-Enforcement & Abuse of Rights in European Patent Law
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Ep 72: Over-Enforcement & Abuse of Rights in European Patent Law
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About this listen
This episode dives into “over-enforcement” in European patent law and asks where legitimate protection of innovation ends and abuse of rights begins. With Professor Leonard, we unpack how doctrines like proportionality and abuse of rights operate in practice—from pharma and SEP/FRAND disputes to the early case law of the UPC—and explore what reforms or normative tests might help courts strike a better balance between strong enforcement and misuse of patent power.
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