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IP2Innovate Submits Recommendations for Modernizing the Dutch Patent Act

IP2Innovate has submitted its response to the public consultation on the modernization of the Dutch Patent Act. The response recommends applying proportionality to remedies for patent infringements, incorporating IPRED Article 3(2) into the Dutch Patent Act, and ensuring future-proof patent legislation that enables an innovative and competitive economy.

These recommendations address the issue of injunctions being granted automatically in patent disputes, without a proportionality assessment, creating risks for innovative companies and potentially stifling competition. A more consistent approach to proportionality would foster a more competitive and innovation-driven business environment in the Netherlands.

Click here to see our public response to the consultation. 

Read the full submission
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Professors Hofmann and Raue: Taking proportionality seriously in the Unified Patent Court

Two German law professors, Dr Franz Hofmann and Dr Benjamin Raue have pooled forces to publish a joint paper this week on the delicate issue of injunctions and damages for the infringement of patents. The paper, entitled ‘Injunctions and Damages for the Infringement of Patents under the UPCA; an Analysis in the Light of the Principle of Proportionality’ calls for a more nuanced approach to patent infringement cases, and it urges judges of the recently launched UPC to consider damages instead of automatic injunctions as a remedy in their rulings.
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Dr Krista Rantasaari: Abuse of Patent Enforcement in Europe. How Can Start-ups and Growth Companies Fight Back?

On Friday the European Commission and the Portuguese Presidency of the EU will invite member states to support a declaration regarding startups that seeks to create common standards in areas such as access to finance and social inclusion. Ms Rantasaari feels that patent issues are missing from this otherwise useful initiative.
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More work needed to improve public access to UPC patent case documents

Last month a law firm submitted a request for documents under rule 262.1 (b) of the UPC Rules of Procedure, which ensures that written pleadings and evidence in patent litigation proceedings are available to the public “upon reasoned request.” The firm is calling on the central division of the Unified Patent Court in Munich to make available all written pleadings and evidence for a pending case in the court. The aim of the law firm, Mathys & Squire, is to establish a clear and consistent path for the public to access these documents in the future. IP2Innovate fully supports this initiative. We have been campaigning for more transparency in patent litigation for many years, and welcomed the improvement to the status quo that the UPC’s rules promised.
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