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IP2Innovate
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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IP2Innovate
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.
Patrick Oliver
Patent abuse hurts European SMEs and undermines the knowledge transfer process
This year World Intellectual Property Day focuses on SMEs. As the two examples below show, patents can be an SME’s worst enemy, as well as their best friend. Abuse by patent assertion entities is a serious and growing threat in Europe, especially to small and mid-size innovative firms. The gaming of the European patent system must stop.
Patrick Oliver
SMEs – the unseen victims of patent trolling
As the European Commission turns its attention to helping improve the regulatory environment for SMEs here is a true story about how patent trolls broke the back of a successful small European business.