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WIPR
Implementers praise German patent reforms
Implementers have welcomed reforms to Germany’s laws which weaken patent owners’ right to an injunction if successful in litigation, but their impact on case law remains to be seen. “This principle is a basic tenet of German legal philosophy, meaning any sanction must be proportionate to the offence committed. But patent law was essentially exempt from that,” Ludwig von Reiche,IP2Innovate's board member, told WIPR. “We expect courts to have to consider it if it is pleaded. It will most likely be pleaded in many cases and case law needs to be established,” added von Reiche.
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Other press coverage
Financial Times
Apple, Microsoft and BMW urge EU to stop patent trolls.
Apple, Microsoft and BMW, together with a broad group of other tech companies and carmakers, have called on the EU to take action against so-called patent trolls, who buy up patents in the hope of making a profit through licences or lawsuits.
handelsblatt.com
Fronten im Streit über neues Patentrecht brechen auf
Bei der Modernisierung des deutschen Patentrechts liefern sich Unternehmen und Branchen eine hitzige Debatte. Wird Deutschland zum „sicheren Hafen“ für Patentverletzer?
IP2Innovate
Contrary to EU law, courts across Europe consistently fail to consider proportionality in patent cases, new data reveals
BRUSSELS, 25 November 2021 – Between 2018 and 2020, courts in nine EU member states plus the UK and Norway, handed out injunctions automatically in 98% of patent cases in which an infringement was found, according to data sourced from Darts-ip, a Clarivate IP intelligence solution.