Contact
blog
IP2Innovate

IP2I's statement on the European Commission publication of the follow-up study on the application of the Directive on the Enforcement of Intellectual Property Rights (IPRED)

BRUSSELS, 27 January 2026 - IP2I's statement on the European Commission publication of the follow-up study on the application of the Directive on the Enforcement of Intellectual Property Rights (IPRED)

IP2I welcomes the publication of the independent study into the effectiveness of certain provisions of the Intellectual Property Rights Enforcement Directive (IPRED).

The study confirms what our members have been experiencing for years and continue to experience: the proportionality requirement set out in the IPRED is not applied to patent cases in Europe, and is particularly problematic in Germany. Courts are granting automatic permanent injunctions in nearly all patent infringement cases without assessing whether the remedy fits the circumstances.

The lack of application of proportionality to patent enforcement undermines Europe's ability to attract investment in innovative technologies. This directly affects our competitiveness.

The study outlines several ways to solve this urgent problem so as to simplify the regulatory environment for companies and support their competitiveness. IP2I believes modernising the 20-year-old IPRED through targeted legislative amendments is the right and most effective solution. Non-binding guidelines have proven ineffective in addressing this issue, as evidenced by the Commission's November 2017 IPRED guidance, which failed to improve the situation - a failure the study also acknowledges.

 

For further information, please contact:
Patrick Oliver, Executive Director, IP2Innovate
contact@ip2innovate.eu
+32 477 597065

Share

Other press releases

Patrick Oliver

Statement in response to publication of the European Commission’s IP Action Plan

IP2Innovate welcomes the European Commission’s efforts to improve the IP landscape in Europe, in particular the emphasis on ensuring that the proportionality requirement in the granting of injunctions is met. However, the IP Action Plan outlined today needs to go further to address continuing abuses of the patent system.
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”.
Patrick Oliver

New report: Europe faces a growing problem of firms abusing the patent system for financial gain

A  published today gives unique insight into how some non-practising entities (NPEs), also known as patent asserting entities (PAEs) or patent trolls, game Europe’s patent system. The report also provides further evidence that the problem of patent trolls is migrating to Europe from the US, and it proposes several policy responses to address the problem.
 Back to overview

Subscribe to our newsletter

Privacy policy

© IP2Innovate 2025 - Website door Two Impress