Fronten im Streit über neues Patentrecht brechen auf

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.

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, 22 April 2025 - IP2Innovate: SEP regulation essential for European businesses' innovation and cost reduction Ahead of European Parliament’s JURI Committee hearing with Commission's Executive Vice-President Stéphane Séjourné, IP2Innovate reiterates its strong opposition to the European Commission's intention to withdraw the SEP Regulation. "Withdrawing the SEP Regulation now would be a grave mistake that undermines innovation, European competitiveness, and the EU legislative process itself," said Patrick Oliver, Executive Director of IP2Innovate. "The current SEP licensing environment is broken - unpredictable, fragmented, and inefficient - chilling innovation across sectors and eroding the competitiveness of entire European industries, who often face abuse by mostly non-EU entities. This situation places Europe’s supply chain security at risk and further limits the availability of innovative products and features and increases costs for European consumers." "The Commission's claim of 'no foreseeable agreement' contradicts the facts. The European Parliament already adopted a position with overwhelming support, and the Polish Presidency has explicitly stated its readiness to resume work on the Regulation." "Europe has become a venue where often foreign SEP holders litigate to exclude European companies from the market. The proposed Regulation brings essential transparency and fairness to a broken system." "As we look to the future of standards, advancing - not abandoning - this Regulation is essential for Europe's technological competitiveness."