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Patrick Oliver
IP2I shares feedback on the Commission’s roadmap for the IP Action Plan
IP2Innovate has responded to the request for feedback on the upcoming European Commission’s Intellectual Property Action Plan.
We share the Commission’s view that “well-calibrated and balanced IP policies can […] boost Europe’s industrial competitiveness” and get the EU back “on track towards economic recovery” from the Covid-19 outbreak crisis. We applaud, in particular, the Commission’s commitment in the roadmap to “continue to monitor the application of the IPR Enforcement Directive to ensure it is effective and balanced, particularly on injunctions.”
To see our response click here.
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The Wall Street Journal
A Push to End Germany’s Status as ‘Paradise for Patent Trolls’
Apple and Nvidia have joined German companies advocating for legislation to make the country a less attractive destination for NPEs.
Patrick Oliver
Statement in response to publication of the European Commission’s IP Action Plan
IP2Innovate welcomes the European Commission’s efforts to improve the IP landscape in Europe, in particular the emphasis on ensuring that the proportionality requirement in the granting of injunctions is met. However, the IP Action Plan outlined today needs to go further to address continuing abuses of the patent system.
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.