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IP2I's statement on the European Commission publication of the follow-up study on the application of the Directive on the Enforcement of Intellectual Property Rights (IPRED)

BRUSSELS, 27 January 2026 - IP2I's statement on the European Commission publication of the follow-up study on the application of the Directive on the Enforcement of Intellectual Property Rights (IPRED)

IP2I welcomes the publication of the independent study into the effectiveness of certain provisions of the Intellectual Property Rights Enforcement Directive (IPRED).

The study confirms what our members have been experiencing for years and continue to experience: the proportionality requirement set out in the IPRED is not applied to patent cases in Europe, and is particularly problematic in Germany. Courts are granting automatic permanent injunctions in nearly all patent infringement cases without assessing whether the remedy fits the circumstances.

The lack of application of proportionality to patent enforcement undermines Europe's ability to attract investment in innovative technologies. This directly affects our competitiveness.

The study outlines several ways to solve this urgent problem so as to simplify the regulatory environment for companies and support their competitiveness. IP2I believes modernising the 20-year-old IPRED through targeted legislative amendments is the right and most effective solution. Non-binding guidelines have proven ineffective in addressing this issue, as evidenced by the Commission's November 2017 IPRED guidance, which failed to improve the situation - a failure the study also acknowledges.

 

For further information, please contact:
Patrick Oliver, Executive Director, IP2Innovate
contact@ip2innovate.eu
+32 477 597065

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