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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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Other press coverage
IP2Innovate
IP2I's statement on the European Commission publication of the follow-up study on the application of the Directive on the Enforcement of Intellectual Property Rights (IPRED)
"IP2I welcomes the publication of the independent study into the effectiveness of certain provisions of the Intellectual Property Rights Enforcement Directive (IPRED).
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.
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.