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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. In terms of training for UPC judges, she adds that the training on the rules of procedure, in particular, will elaborate on the importance of the principle of proportionality.

 

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Handelsblatt

Fight the patent rolls: Compromise on new law divides the economy

A change to the German #patent is likely to adopted this Friday, which for the first time considers the complexity of modern products in the digital age.
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

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.
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