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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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The UPC - an opportunity to get Europe’s patents house in order
With Austria signed up, the Unified Patent Court agreement has now been ratified by the required 13 member countries. The dream of forging one single patent jurisdiction for Europe is on course to become a reality, after decades of uncertainty.
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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.