TY  - GEN
N2  - The environmentally harmful yet common practice of storing and destroying IP-infringing goods is untenable. This contribution discusses a number of more sustainable alternative remedies that can be considered with the aim of creating a balance between the interests of rights holders in ending infringements and the societal interest in environmental protection, which lies in preventing the wasting of scarce raw materials and pollution of the air and soil. A sustainable IP enforcement practice is very much dependent on the willingness of rights holders and their attorneys to consider more sustainable alternatives. Courts also have a part to play, by applying what is called a sustainability test when examining the proportionality of the remedies and measures claimed by rights holders.
DO  - 10.1093/grurint/ikad100
DO  - doi
AB  - The environmentally harmful yet common practice of storing and destroying IP-infringing goods is untenable. This contribution discusses a number of more sustainable alternative remedies that can be considered with the aim of creating a balance between the interests of rights holders in ending infringements and the societal interest in environmental protection, which lies in preventing the wasting of scarce raw materials and pollution of the air and soil. A sustainable IP enforcement practice is very much dependent on the willingness of rights holders and their attorneys to consider more sustainable alternatives. Courts also have a part to play, by applying what is called a sustainability test when examining the proportionality of the remedies and measures claimed by rights holders.
T1  - Towards a Judicial Sustainability Test in Cases Concerning the Enforcement of Intellectual Property Rights.
AU  - Vrendenbarg, Charlotte J S,
JF  - GRUR International
VL  - 72, 12, 2023
LA  - eng
ID  - 49117
KW  - Intellectual property.
KW  - Intellectual property infringement.
KW  - Sustainability.
KW  - Patents.
TI  - Towards a Judicial Sustainability Test in Cases Concerning the Enforcement of Intellectual Property Rights.
LK  - https://doi.org/10.1093/grurint/ikad100
UR  - https://doi.org/10.1093/grurint/ikad100
ER  -