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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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Patrick Oliver
Statement welcoming EP report on AI and IPR
IP2Innovate welcomes an own initiative report by the European Parliament adopted today which urges policymakers to safeguard the European patents system from abuse.
IP2Innovate
IP2Innovate's 2nd statement on the Commission's intention to withdraw the SEP Regulation: Ahead of European Parliament’s JURI Committee hearing with EVP Stéphane Séjourné
BRUSSELS, 22 April 2025 - IP2Innovate: SEP regulation essential for European businesses' innovation and cost reduction
Ahead of European Parliament’s JURI Committee hearing with Commission's Executive Vice-President Stéphane Séjourné, IP2Innovate reiterates its strong opposition to the European Commission's intention to withdraw the SEP Regulation.
"Withdrawing the SEP Regulation now would be a grave mistake that undermines innovation, European competitiveness, and the EU legislative process itself," said Patrick Oliver, Executive Director of IP2Innovate. "The current SEP licensing environment is broken - unpredictable, fragmented, and inefficient - chilling innovation across sectors and eroding the competitiveness of entire European industries, who often face abuse by mostly non-EU entities. This situation places Europe’s supply chain security at risk and further limits the availability of innovative products and features and increases costs for European consumers."
"The Commission's claim of 'no foreseeable agreement' contradicts the facts. The European Parliament already adopted a position with overwhelming support, and the Polish Presidency has explicitly stated its readiness to resume work on the Regulation."
"Europe has become a venue where often foreign SEP holders litigate to exclude European companies from the market. The proposed Regulation brings essential transparency and fairness to a broken system."
"As we look to the future of standards, advancing - not abandoning - this Regulation is essential for Europe's technological competitiveness."
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.