Injunctive Relief in the UPC: A Case for Carefully Limited Flexibility

This article discusses whether and in what form the UPC has discretion with regard to the granting of injunctive relief. The argument is based on international and EU law, in particular the general proportionality principle, embedded in the Enforcement Directive, as well as on the text and context of the UPC itself. The author proposes an approach of limited discretion including appropriate compensation measures, namely payment in lieu of an injunction. These proposals are in line with the historically hybrid nature of the UPC as well as its internal and external context. Furthermore, the article explains how this proposal can be implemented during the transitional period in the UPC as well as in national courts.