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Handelsblatt
Super minister with execution issues: Lambrecht is running out of time on important projects
Shortly before the summer break, the CDU/CSU and SPD are aiming to finalise some unfinished coalition projects. One such project is reform of the German patent law.
IP2Innovate, which represents, among others, Adidas, BMW, Daimler, Deutsche Telekom and SAP, believes that effective modernization of German patent law is overdue, but possible. "Passing the law before the end of this legislative period is absolutely necessary to avert further damage to innovation, competitiveness and employment in Germany" - Ludwig von Reiche, IP2I Board Member, told Handelsblatt.
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WIPR
European courts failing over proportionality: IP2Innovate
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.
IP2Innovate welcomes the call by CDU/CSU to introduce a proportionality test in the German Patent Act to better protect innovators against patent trolls
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.
Patrick Oliver
Patent law reform strengthens Germany as a location for innovation; Europe needs to follow suit to enhance its competitiveness
Berlin, June 11th 2021 - The Bundestag today adopted legislation to modernise German patent law. The changes are an important step towards creating a better balance between patent protection and innovation protection. European patent law needs to follow Germany’s lead.