IP2Innovate submits feedback to the European Commission Consultation on the Single Market Strategy 2025

IP2Innovate

There is broad agreement on the need for taking proportionality considerations into account in patent litigation cases but it’s not being applied in the courts in Europe. As a result, injunctions are being handed out automatically in almost all cases, even though EU legislation – the IP Rights Enforcement Directive (IPRED) – specifically calls for judges to apply proportionality. IPRED needs targeted amendments in order to correct this. In his paper titled Permanent Injunctions and the Reception of the Principle of Proportionality in the European Union, Rafal Sikorski, assistant professor, Chair of European Law at the Adam Mickiewicz University of Poznan in Poland, calls for reform of the directive. “The EU should consider introducing a set of factors to IPRED that the courts should consider when applying proportionality. In fact, this approach has already been taken by the EU legislator in the Trade Secrets Directive,” Professor Sikorski said in an interview.

IP2Innovate

Dear Executive Vice-President -designate, On behalf of IP2Innovate, I write to congratulate you on your nomination as the European Commission Executive Vice-President-designate for Prosperity and Industrial Strategy. You are taking on this role at a pivotal moment as Europe seeks to embrace a new era of competitiveness, productivity, and innovation.

IP2Innovate

IP2Innovate has responded to the Commission's call for evidence on the upcoming European Innovation Act, highlighting that proportionality in patent remedies across the EU is needed to support the European Innovation Act’s goals of creating innovation-friendly regulation and eliminating Single Market fragmentation. IP2Innovate welcomes the objectives of the upcoming European Innovation Act. A balanced patent system is an important prerequisite to ensure Europe’s global competitiveness in critical technology areas, its attractiveness for companies to invest and do business in, and to increase innovation and the take up of new technologies necessary to bridge the gap in productivity levels when compared to other major economies. Unfortunately, our member companies' experiences, supported by data, indicate that Europe's patent system currently lacks the necessary balance, undermining investment in innovation to the detriment of both the public and Europe’s competitiveness. The current practice by EU courts of granting automatic injunctions in patent infringement cases contradicts the European Innovation Act’s goals of creating innovation-friendly regulation and eliminating Single Market fragmentation. The solution is to modernize the 20-year-old IPR Enforcement Directive to align with Innovation Act objectives and to help close the innovation gap between Europe and its global competitors. Read our submission here: https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/14593-European-Innovation-Act/F33069711_en