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Legal Commentary
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Opinion

"A drawn-out UPC process would damage democracy"

Once again, the Federal Constitutional Court must rule on the German Unified Patent Court law - and it must do so quickly. After all, a drawn-out process would be more damaging to democracy than to th ...

19 January 2021 by Mathieu Klos
Legal Commentary
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Opinion

"UK patent boutiques must be bold about closer links with Europe"

Following Brexit, national firms and UK patent boutiques require a change in strategy to keep pace with their European counterparts. London’s patent c ...

15 January 2021 by Amy Sandys
Legal Commentary
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Unified Patent Court

Breaking: German UPC legislation challenged again by constitutional complaints

The Federal Constitutional Court has again received two complaints against the German UPC legislation. The identity of the plaintiffs is currently unc ...

22 December 2020 by Mathieu Klos
Legal Commentary
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Unified Patent Court

German parliament clears way for the UPC

Today, the German parliament has adopted the UPC legislation, once again clearing all parliamentary hurdles in Germany. The Bundesrat has achieved the ...

18 December 2020 by Mathieu Klos
Legal Commentary
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Opinion

"A new FRAND dance is in sight"

In the short term, the Regional Court Düsseldorf’s FRAND referral to the CJEU will make SEP suits in Europe very difficult. But Luxembourg could intro ...

3 December 2020 by Mathieu Klos
Legal Commentary
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Opinion

"The German parliament's quick UPC solution is risky"

Following a recent vote by the German parliament, the UPC could go into a provisional application period. Politically, this is a good sign. By opening ...

30 November 2020 by Christina Schulze
Legal Commentary
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German legal reform

German government paves way for automatic injunction vote

Yesterday, the German Federal Government tightened the new rule in the patent modernisation law. The automatic injunction remains the rule in German p ...

29 October 2020 by Mathieu Klos
Legal Commentary
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German court system

Munich Procedure enhances competition among patent courts

Short and transparent court procedures make the Regional Court Munich a go-to location to file for patent disputes. According to a recent survey of th ...

26 October 2020 by Konstanze Richter
Legal Commentary
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Unified Patent Court

Germany hastens second ratification of Unified Patent Court

The German Bundestag is to vote next week on the renewed attempt to enact the Unified Patent Court law. Internationally, a solution for the London UPC ...

2 October 2020 by Mathieu Klos
Legal Commentary
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Long read

German industry remains a battlefield over automatic injunction

A deep rift divides German industry. Some companies demand a weakening of the automatic injunction in patent cases. However, others have an opposite v ...

18 September 2020 by Mathieu Klos
Legal Commentary
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Germany

No major changes in second draft of new German patent legislation

The Federal Ministry of Justice has published a second draft of a new German patent law. As far as the automatic injunction is concerned, nothing chan ...

2 September 2020 by Mathieu Klos
Legal Commentary
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Opinion

Germany does not need to reform the automatic injunction

Mannheim Regional Court's ruling in the connected cars dispute between Nokia and Daimler sends a clear signal to German politicians that a change to t ...

24 August 2020 by Mathieu Klos
Legal Commentary
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Opinion

Germany's top court holds the future of the European patent system in its hands

The UPC, the EPO and now FRAND. The German Constitutional Court is currently deciding on central issues concerning the patent market. The guardians of ...

13 August 2020 by Mathieu Klos
Legal Commentary
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Long read

Patentable or not? Regulating AI inventions for a digital future

The recent G 1/19 hearing at the Enlarged Board of Appeal has reignited the patent community's interest in the law on AI patents. Although concerning ...

24 July 2020 by Amy Sandys
Legal Commentary
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Supplementary protection certificates

UK government responds to views on draft SPC legislation

The UK government has published its response on proposed changes to SPC legislation following consultation. Brexit will have an impact on SPCs in the ...

20 July 2020 by Amy Sandys
Legal Commentary
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UPC ratification

European Commission answers questions on UPC Agreement

The European Commission has answered three questions regarding Germany's ratification of the UPC Agreement following Brexit. German MEP Patrick Breyer ...

17 July 2020 by Amy Sandys
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