Fronten im Streit über neues Patentrecht brechen auf

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.

IP2Innovate

BRUSSELS, 25 March 2024 - IP2Innovate is calling for targeted amendments to EU intellectual property law to ensure that European patent courts consider the proportionality of remedies in their handling of patent litigation cases. The proposed amendments will help create a more balanced patent system. This will spur innovation and, in turn, help to address Europe’s lagging competitiveness. The 2004 EU IP Rights Enforcement Directive (IPRED) requires that remedies for patent infringement be applied in a proportionate manner, but courts are handing out injunctions to patent owners in effect automatically, without considering the disproportionate impact that may result.

WIPR

Trade group IP2Innovate has warned that courts across Europe are failing to consider proportionality in patent cases, while urging the European Commission to promote similar reforms to those recently enacted in Germany.