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IP2Innovate

Congratulatory Letter to Executive Vice-President -designate Séjourné

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.
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IP2Innovate

IP2Innovate welcomes Draghi’s call to improve the pipeline from innovation to commercialization

IP2Innovate welcomes the report on EU competitiveness by Mario Draghi published yesterday, and in particular its emphasis on improving innovation. The in-depth report cements competitiveness and boosting European productivity at the heart of the EU’s political agenda. It calls for Europe to improve the pipeline from innovation to commercialisation.
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IP2Innovate

World IP Day 2024: Creating balance in the European patent system will help tackle the climate crisis and promote Europe’s competitiveness

This year’s World IP Day focuses on the role innovation and intellectual property play in enabling us to achieve the Sustainable Development Goals (SDGs), and build a more sustainable future for all. Innovation offers the world a chance to address the climate crisis. It is crucial that the patent system functions properly so that green inventors get their ideas to market.
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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.
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Prof. Sikorski’s latest paper: IPRED needs targeted reforms to strengthen the principle of proportionality in patent litigation

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.
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IP2Innovate

IP2I Recommendations for Improvements to the Public Availability of Information on Proceedings before the UPC

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.
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IP2Innovate

More work needed to improve public access to UPC patent case documents

Last month a law firm submitted a request for documents under rule 262.1 (b) of the UPC Rules of Procedure, which ensures that written pleadings and evidence in patent litigation proceedings are available to the public “upon reasoned request.” The firm is calling on the central division of the Unified Patent Court in Munich to make available all written pleadings and evidence for a pending case in the court. The aim of the law firm, Mathys & Squire, is to establish a clear and consistent path for the public to access these documents in the future. IP2Innovate fully supports this initiative. We have been campaigning for more transparency in patent litigation for many years, and welcomed the improvement to the status quo that the UPC’s rules promised.

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