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Les mauvaises actions en contrefaçon - Paper by Professor Caron
In April 2019, Professor Caron published a paper in 'Communication - Commerce électronique' about wrongful infringement actions, like those involving patent trolls in patent law. In his paper, he presents, from the perspective of European Union law and French law, concepts that enable or could enable us to combat these bad infringement actions that tarnish the image of intellectual property.
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UPC Early Litigation Data: The Innovation Paradox
The Unified Patent Court’s first two years reveal a troubling pattern: the system is being deployed against the most innovative companies – particularly in high-tech sectors that drive technological progress and economic growth. Without modernising EU patent rules, the UPC risks becoming an innovation tax on these critical industries.
Data source: Independent research initiative led by Valerio Sterzi (University of Bordeaux), tracking all UPC infringement cases since June 1, 2023, available at Key figures – UPCTrack
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Prof. Valerio Sterzi: The problem with patents
Valerio Sterzi is on a mission. Ever since his undergraduate days at Bocconi University in Milan, he has been fascinated by the economics of innovation. At first he had great faith in patents as a tool for fostering innovation.
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Prof. Sikorski’s latest paper: IPRED needs targeted reforms to strengthen the principle of proportionality in patent litigation
There is broad agreement on the need for taking proportionality considerations into account in patent litigation cases but it’s not being applied in the courts in Europe. As a result, injunctions are being handed out automatically in almost all cases, even though EU legislation – the IP Rights Enforcement Directive (IPRED) – specifically calls for judges to apply proportionality.
IPRED needs targeted amendments in order to correct this. In his paper titled Permanent Injunctions and the Reception of the Principle of Proportionality in the European Union, Rafal Sikorski, assistant professor, Chair of European Law at the Adam Mickiewicz University of Poznan in Poland, calls for reform of the directive.
“The EU should consider introducing a set of factors to IPRED that the courts should consider when applying proportionality. In fact, this approach has already been taken by the EU legislator in the Trade Secrets Directive,” Professor Sikorski said in an interview.