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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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Other press releases
WIPR
Implementers praise German patent reforms
Implementers have welcomed reforms to Germany’s laws which weaken patent owners’ right to an injunction if successful in litigation, but their impact on case law remains to be seen.
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.
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.