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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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IP2Innovate
IP2Innovate's statement on the Commission's intention to withdraw the SEP Regulation
BRUSSELS, 12 February 2025 - IP2Innovate's statement on the Commission's intention to withdraw the SEP Regulation
IP2Innovate expresses deep concern over the European Commission's intention to withdraw the Standards Essential Patents (SEP) Regulation. This last-minute decision would represent a significant setback for Europe's innovation ecosystem, including for a large number of European SMEs, and sends a troubling signal to innovative businesses that rely on predictable and fair SEP licensing frameworks.
The Commission’s justification for withdrawing the proposal, citing the absence of a “foreseeable agreement,” is misleading. The European Parliament has adopted a negotiating position with an overwhelming majority. On the Council's side, several working group meetings have already been scheduled, including one for February 27, which would have allowed further discussion on this important issue.
The current patent system in Europe urgently needs modernisation to bolster the region's competitiveness and innovation capacity. The lack of transparency and fairness in SEP licensing, combined with the absence of the application of proportionality to patent infringement cases, continues to impede innovation and ultimately diminishes the benefits of interoperability for European consumers.
We strongly urge the Member States and European Parliament to reject this proposal for withdrawal and demonstrate their commitment to progressing this vital file.
Looking ahead, we call upon the Commission to modernise the existing patent framework that applies to both SEPs and non-SEPs alike. This should include targeted amendments to the IPR Enforcement Directive, particularly concerning remedies for patent infringements. Such reforms are essential to strengthen Europe's competitive position in the global innovation landscape.
Euractiv
Breton renews calls for a single European patent system
Industry welcomed Breton’s comments on Monday, but also noted the importance of adapting a single framework for a European patent, before steaming ahead with the establishment of the UPC.
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.