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Managing IP

US firms prioritise Europe as UPC countdown begins

In the recent article of Managing IP, examining future enforcement of EU patent law by the Unified Patent Court (UPC),  Katalin Lubóczki, coordinator of the UPC Working Group responsible for finalising the training plan for UPC judges emphasises that proportionality will be an important principle in UPC jurisprudence. In terms of training for UPC judges, she adds that the training on the rules of procedure, in particular, will elaborate on the importance of the principle of proportionality.

 

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IP2Innovate

IP2Innovate calls on the European Commission to strengthen EU law to ensure a balanced patent system and enhance Europe’s competitiveness

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.
expansion.com

Apple y Microsoft instan a la UE a plantar cara a los ‘trolls’ de patentes. [Expansion | 17.01.2020]

35 companies signed a letter urging Brussels to take action against companies that buy patents with the sole purpose to make business out of them.
JUVE Patent blog

Patent law reform: Bundestag introduces principle of proportionality

After months of deliberation, the German Bundestag has finally decided on amendments to a new federal government patent law. It will introduce a proportionality test for the right to an injunction under patent law. The decision comes just a few months before Germany elects a new parliament, and a new government.
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