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Patent law reform: Bundestag introduces principle of proportionality

The new patent law adopted last Friday in Germany puts a stop to the use of injunctive relief by Patent Assertion Entities (PAEs). “We also welcome the German parliament’s diligent effort in the context of the new law to explicitly proscribe the practice of Patent Assertion Entities (also known as patent trolls) who acquire patents purely for the purpose of extorting excessive settlements under the threat of an impending injunction.”, told Ludwig von Reiche, IP2Innovate's board member, JUVE Patent.
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IP2Innovate welcomes the call by CDU/CSU to introduce a proportionality test in the German Patent Act to better protect innovators against patent trolls
In a recent the German Conservatives (CDU/CSU) Elisabeth Winkelmeier-Becker and Ingmar Jung express concerns over abusive litigation practices by patent trolls, which distort the market and undermine Germany’s attractiveness as a business location. They note that in light of the high complexity of modern products, companies can no longer completely rule out the possibility of patent infringements. In this context, an unlimited right to injunctive relief create unwarranted leverage for patent trolls who buy up patents only to assert them against companies and extract disproportionately high settlements. Solutions proposed by CDU/CSU are the introduction of a proportionality test in the German Patent Act as well as a synchronisation of infringement and nullity proceedings.
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.
Statement by IP2Innovate in reaction to Commissioner Breton’s comments about the European patent system
“IP2Innovate welcomes Commissioner Breton’s today and we support his call for a balanced and effective European IP system,” said Patrick Oliver, Executive Director of IP2Innovate.