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Patent law reform: Bundestag introduces principle of proportionality

The new patent law adopted last Friday in Germany puts a stop to the use of injunctive relief by Patent Assertion Entities (PAEs). “We also welcome the German parliament’s diligent effort in the context of the new law to explicitly proscribe the practice of Patent Assertion Entities (also known as patent trolls) who acquire patents purely for the purpose of extorting excessive settlements under the threat of an impending injunction.”, told Ludwig von Reiche, IP2Innovate's board member, JUVE Patent. 

 

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IP2Innovate welcomes latest changes to the UPC’s transparency rules

BRUSSELS, 12 July 2022 – IP2Innovate, a trade group pushing for a better functioning patent system in Europe, welcomes the transparency rules agreed last week by the Unified Patent Court which will ensure the Court’s decisions and orders are publicly available.

IP2Innovate welcomes the call by CDU/CSU to introduce a proportionality test in the German Patent Act to better protect innovators against patent trolls

In a recent  the German Conservatives (CDU/CSU) Elisabeth Winkelmeier-Becker and Ingmar Jung express concerns over abusive litigation practices by patent trolls, which distort the market and undermine Germany’s attractiveness as a business location. They note that in light of the high complexity of modern products, companies can no longer completely rule out the possibility of patent infringements. In this context, an unlimited right to injunctive relief create unwarranted leverage for patent trolls who buy up patents only to assert them against companies and extract disproportionately high settlements. Solutions proposed by CDU/CSU are the introduction of a proportionality test in the German Patent Act as well as a synchronisation of infringement and nullity proceedings.
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The UPC: time to get Europe’s house in order

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