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Patrick Oliver
IP2I shares feedback on the Commission’s roadmap for the IP Action Plan
IP2Innovate has responded to the request for feedback on the upcoming European Commission’s Intellectual Property Action Plan.
We share the Commission’s view that “well-calibrated and balanced IP policies can […] boost Europe’s industrial competitiveness” and get the EU back “on track towards economic recovery” from the Covid-19 outbreak crisis. We applaud, in particular, the Commission’s commitment in the roadmap to “continue to monitor the application of the IPR Enforcement Directive to ensure it is effective and balanced, particularly on injunctions.”
To see our response click here.
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IP2Innovate
IP2Innovate's statement on the Commission's intention to withdraw the SEP Regulation
BRUSSELS, 12 February 2025 - IP2Innovate's statement on the Commission's intention to withdraw the SEP Regulation
IP2Innovate expresses deep concern over the European Commission's intention to withdraw the Standards Essential Patents (SEP) Regulation. This last-minute decision would represent a significant setback for Europe's innovation ecosystem, including for a large number of European SMEs, and sends a troubling signal to innovative businesses that rely on predictable and fair SEP licensing frameworks.
The Commission’s justification for withdrawing the proposal, citing the absence of a “foreseeable agreement,” is misleading. The European Parliament has adopted a negotiating position with an overwhelming majority. On the Council's side, several working group meetings have already been scheduled, including one for February 27, which would have allowed further discussion on this important issue.
The current patent system in Europe urgently needs modernisation to bolster the region's competitiveness and innovation capacity. The lack of transparency and fairness in SEP licensing, combined with the absence of the application of proportionality to patent infringement cases, continues to impede innovation and ultimately diminishes the benefits of interoperability for European consumers.
We strongly urge the Member States and European Parliament to reject this proposal for withdrawal and demonstrate their commitment to progressing this vital file.
Looking ahead, we call upon the Commission to modernise the existing patent framework that applies to both SEPs and non-SEPs alike. This should include targeted amendments to the IPR Enforcement Directive, particularly concerning remedies for patent infringements. Such reforms are essential to strengthen Europe's competitive position in the global innovation landscape.
Managing IP
NPEs set sights on UPC and more patent acquisition - Blackbird, Dominion Harbor, Acacia, and Harfang IP say the market is hot for patent acquisitions and that litigation opportunities could soon emerge in Europe
Managing IP’s article outlining the views of Non-Practicing Entities (NPEs) on the Unified Patent Court (UPC) points out that several NPEs are gearing up for the launch of the UPC in the following months because the UPC’s centralised system “would make Europe a much easier place to litigate”. NPEs also argue that UPC would provide for another way to litigate in a “market comparable to China or the US”.
Wall Street Journal
Germany Shuts Door on Patent Trolls
BERLIN—Germany on Friday removed a legislative quirk that had made it a prime destination for globally active patent litigators who increasingly target fast-growing tech companies.