The proportionality principle is enshrined in Article 3 of the European Enforcement Directive.  The first sentence of paragraph 2 states that "measures, procedures and remedies" to enforce "intellectual property rights" must be "proportionate" in addition to being "effective" and "dissuasive". The second sentence of Article 3(2) teaches that this principle of proportionality requires, in particular, that the measures, procedures and remedies referred to must be "applied in such a way as to avoid the creation of barriers to legitimate trade and to provide safeguards against the abuse of such procedures." 

Article 3 teaches that the principle of proportionality seeks to counterbalance the private interest of the IP right holder - who benefits from deterrent and effective law enforcement - and stands for the public interest which benefits from unimpeded legitimate trade and does not benefit from abusive litigation.  The principle of proportionality is also found in the TRIPS Agreement of 1995, which implies that it should be respected not only on the basis of EU law, but is also subject to interpretation by the WTO. The TLI workshop seeks to explore the extent to which the principle of proportionality plays a role in trade mark cases where the interests of the trade mark holder are curtailed by the interest of third parties and society at large.