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leconomiste.com
L’UE face au fléau des «chasseurs de brevets»
Some companies are worried about the spread of the patent troll phenomenon in Europe. Some have even sent a letter to Thierry Breton, European Commissioner for Industry, calling for a “balanced approach to intellectual property and measures against non-practicing entities (NPE): legal person with no activity known as Patent Troll”.
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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.
JUVE Patent blog
Patent law reform: Bundestag introduces principle of proportionality
After months of deliberation, the German Bundestag has finally decided on amendments to a new federal government patent law. It will introduce a proportionality test for the right to an injunction under patent law. The decision comes just a few months before Germany elects a new parliament, and a new government.
Managing IP
UPC take-up likely to be poor, say industry counsel
In its article on whether companies are likely to make use of the Unified Patent Court (UPC), Managing IP reports that implementers see the enforcement associated with the unitary patent as more of a threat than an opportunity due to the enormous number of applicable patents and therefore likely lawsuits for their infringement and associated defense.