Posted: July 20th, 2021
On June 10, 2021, the German parliament adopted the version of the government bill for a Second Act concerning the Simplification and
Modernization of German Patent Law (parliamentary paper 19/25821) as amended by the Committee of Legal Affairs and Consumer Protection (parliamentary paper 19/30498; “Patent Law Modernization Act” below).
The Patent Law Modernization Act expressly supplements claims for injunctive relief under Patent and Utility Model Law with the possibility of taking into account proportionality considerations, in which third parties’ interests are to be included as well.
Additionally, in order to better synchronize infringement proceedings before German civil courts with invalidity proceedings before the German Federal Patent Court, proceedings before the German Federal Patent Court are to be accelerated. Moreover, individual provisions of the German Act on the Protection of Trade Secrets are applied, mutatis mutandis, to patent, utility model and semiconductor protection litigation.
The entire contribution can be read here.
Reported by Prof. Dr. Tilman Müller-Stoy and Daniel Seitz