IP2Innovate represents a strong, united voice working with European policymakers and the legal community in Europe to implement the following safeguards:
- Increased judicial discretion in the management of patent cases and the granting of proportional remedies to deter abusive litigation practices;
- Recognition that an injunction may not be an equitable and proportional remedy in some circumstances, and damages may be more appropriate;
- Elimination of the “injunction gap” in which an injunction issues based on infringement of a patent whose validity is still in question;
- Enhanced measures to recover legal expenses and the posting of bonds for underfunded entities;
- Higher patent quality;
- Greater transparency of patent litigation filings for better informed policy and decision-making.
Such safeguards will ensure a robust patent legal system that protects R&D and invention while preventing abuse that could undermine the goals of the system to encourage innovation.
The following IP2I papers set out in more detail our concerns about the imbalances in Europe’s patent legal system and our proposed solutions:
IP2Innovate calls for UPC judges to receive training to counter abusive patent litigation tactics, letter of 13 December 2017
IP2I letter to European Commission Vice-President Ansip on the increase of PAE activity in Europe of 21 February 2017 and Vice-President Ansip’s response of 29 March 2017