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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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handelsblatt.com
Ministerin Lambrecht will rigider gegen „Patenttrolle“ vorgehen
Die Bundesjustizministerin will das Patentrecht modernisieren – und zwar stärker als noch in einem ersten Diskussionsentwurf angekündigt.
IP2Innovate
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.
Patrick Oliver
New report: Europe faces a growing problem of firms abusing the patent system for financial gain
A published today gives unique insight into how some non-practising entities (NPEs), also known as patent asserting entities (PAEs) or patent trolls, game Europe’s patent system. The report also provides further evidence that the problem of patent trolls is migrating to Europe from the US, and it proposes several policy responses to address the problem.