IP2Innovate

IP2I appreciates the improvements made to date to improve the availability of information on proceedings before the Unified Patent Court. To achieve its full potential for transparency and permit a better understanding of legal developments and trends, IP2I recommends that continued improvements focus on providing more robust searchability for information, and reducing the delay associated with making information available to the public.

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

On 28 January, IP2Innovate submitted its key recommendations for the upcoming EU Single Market Strategy 2025, highlighting the need to modernize patent enforcement in Europe. In the submission, IP2Innovate stresses that consistent application of proportionality requirement to patent enforcement is essential for the functioning of the Single Market. Modernization of the EU IPR Enforcement Directive through targeted amendments is needed to fully exploit the potential of the Single Market to boost Europe’s productivity. IP2Innovate believes that, after 20 years, now is the time to modernize the IPRED through targeted amendments to ensure that courts in the EU Member States and the newly established Unified Patent Court consistently and effectively consider the proportionality of remedies in their handling of patent litigation cases. Such targeted amendments would ensure the consistent and effective application of proportionality across all EU Member States, creating a more predictable legal environment that supports the free movement of goods and services within the Single Market. By fostering legal certainty and reducing market inefficiencies, these changes will unlock the full potential of the Single Market to drive Europe’s productivity and competitiveness.