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Managing IP

US firms prioritise Europe as UPC countdown begins

In the recent article of Managing IP, examining future enforcement of EU patent law by the Unified Patent Court (UPC),  Katalin Lubóczki, coordinator of the UPC Working Group responsible for finalising the training plan for UPC judges emphasises that proportionality will be an important principle in UPC jurisprudence. In terms of training for UPC judges, she adds that the training on the rules of procedure, in particular, will elaborate on the importance of the principle of proportionality.

 

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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.
IP2Innovate

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.
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.
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