Léon Dijkman, a lawyer from the Netherlands with a strong background in practice, has made significant contributions to the field of patent law through his doctoral research. His thesis, titled The Proportionality Defence in European Patent Law, delves into the complex realm of patent remedies, which effectuate the exclusive rights that patents grant to inventors. However, Dijkman raises an important question: should these exclusive rights always entail a monopoly for the patent holder?
Dijkman's research focuses on cases where there may be good reasons to limit the patentee's right of exclusivity. His research spans various cases and scenarios, such as those where the patented component is but a small part of a complex machine, or cases involving lifesaving treatments. He suggests how patent rights might be limited to ensure their enforcement is proportionate and does not impair the safety of patients. He does so by proposing a comprehensive framework, derived from European Union law, to determine when the exclusive rights of patentees should be limited. Dijkman aims to offer a resolution to the current deadlock in patent law, where the prevailing regime of patent exclusivity is increasingly recognised as untenable, but workable solutions are still missing.
His motivation for this topic stems from his involvement in a court case concerning lithography machines, which are utilised in the production of computer chips and represent some of the most advanced technology in the world. Dijkman found it captivating to witness how patent rules, originally crafted for a different industrial era, intersect with cutting-edge technologies like these.
Léon Dijkman has returned to the firm where he began his career, bringing with him the knowledge and expertise gained during his time at the EUI. Additionally, he currently serves as an Assistant Professor at the Erasmus School of Law in Rotterdam, where he endeavours to share his valuable insights with the next generation of legal professionals.