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Proportionality defence v compulsory licence: the decision of the Düsseldorf court, Managing IP 2022

Dr Marco Stief of Maiwald explains a ruling by the Düsseldorf Regional Court in the matter NuCana v Gilead that establishes the subsidiarity of the objection of disproportionality with regard to a compulsory licensing action

In July 2022, the Düsseldorf Regional Court specified the handling of Section 139 (1), sentence 3 of the Patent Act in the field of pharmaceutical litigation, concerning the so-called objection of disproportionality.

This text is part of a article from Managing IP. The contribution can be found here.