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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
IP2I Recommendations for Improvements to the Public Availability of Information on Proceedings before the UPC
IP2I appreciates the improvements made to date to improve the availability of information on proceedings before the Unified Patent Court. To achieve its full potential for transparency and permit a better understanding of legal developments and trends, IP2I recommends that continued improvements focus on providing more robust searchability for information, and reducing the delay associated with making information available to the public.
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.
IP2Innovate
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.