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WIPR

Implementers praise German patent reforms

Implementers have welcomed reforms to Germany’s laws which weaken patent owners’ right to an injunction if successful in litigation, but their impact on case law remains to be seen. “This principle is a basic tenet of German legal philosophy, meaning any sanction must be proportionate to the offence committed. But patent law was essentially exempt from that,” Ludwig von Reiche,IP2Innovate's board member, told WIPR. “We expect courts to have to consider it if it is pleaded. It will most likely be pleaded in many cases and case law needs to be established,” added von Reiche. 

 

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Contrary to EU law, courts across Europe consistently fail to consider proportionality in patent cases, new data reveals

BRUSSELS, 25 November 2021 – Between 2018 and 2020, courts in nine EU member states plus the UK and Norway, handed out injunctions automatically in 98% of patent cases in which an infringement was found, according to data sourced from Darts-ip, a Clarivate IP intelligence solution.

Statement by IP2Innovate in reaction to Commissioner Breton’s comments about the European patent system

“IP2Innovate welcomes Commissioner Breton’s  today and we support his call for a balanced and effective European IP system,” said Patrick Oliver, Executive Director of IP2Innovate.
IP2Innovate

IP2Innovate's 2nd statement on the Commission's intention to withdraw the SEP Regulation: Ahead of European Parliament’s JURI Committee hearing with EVP Stéphane Séjourné

BRUSSELS, 22 April 2025 - IP2Innovate: SEP regulation essential for European businesses' innovation and cost reduction Ahead of European Parliament’s JURI Committee hearing with Commission's Executive Vice-President Stéphane Séjourné, IP2Innovate reiterates its strong opposition to the European Commission's intention to withdraw the SEP Regulation. "Withdrawing the SEP Regulation now would be a grave mistake that undermines innovation, European competitiveness, and the EU legislative process itself," said Patrick Oliver, Executive Director of IP2Innovate. "The current SEP licensing environment is broken - unpredictable, fragmented, and inefficient - chilling innovation across sectors and eroding the competitiveness of entire European industries, who often face abuse by mostly non-EU entities. This situation places Europe’s supply chain security at risk and further limits the availability of innovative products and features and increases costs for European consumers." "The Commission's claim of 'no foreseeable agreement' contradicts the facts. The European Parliament already adopted a position with overwhelming support, and the Polish Presidency has explicitly stated its readiness to resume work on the Regulation." "Europe has become a venue where often foreign SEP holders litigate to exclude European companies from the market. The proposed Regulation brings essential transparency and fairness to a broken system." "As we look to the future of standards, advancing - not abandoning - this Regulation is essential for Europe's technological competitiveness."
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