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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
IP2I welcomes the European Parliament's formal request, adopted today, calling on the Commission to investigate the practices of patent assertion entities in Europe.
Brussels, 11 November 2021 – The European Parliament has instructed the European Commission to investigate in-depth how PAEs, also known as non-practising entities, or more colloquially patent trolls, game the European patent system.
IP2Innovate
Multi-association letter to EVP Stéphane Séjourné on the IPRED modernisation
"We, the undersigned representatives of industry associations representing over 100 companies from various sectors (including automotive, information technology, semiconductors, software & services, AI, quantum technology, telecoms, communications and consumer goods), collectively holding more than 580.000 patents, and employing around 2,5 million people in the EU, urge the European Commission to take steps to modernise the 20-year-old Intellectual Property Rights Enforcement Directive (IPRED) in relation to proportionality of remedies for patent infringement, to ensure that the system is fit for purpose in the digital age and supports Europe’s competitiveness.
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.