Germany not too long ago handed a reform invoice for the Patent Act (PatG) and its new provisions will seemingly be coming into pressure sooner fairly than later. The reform is especially related for corporations from the life sciences sector, which frequently litigate on this pro-patentee jurisdiction. The modifications to PatG tackle:
- Confidentiality considerations. New part 145a PatG states the related provisions of the Commerce Secrets and techniques Act may even now apply in patent infringement instances. Briefly, Germany extends the confidentiality membership to patent proceedings.
- Codification of the precept of proportionality, which at the moment leaves vital room for interpretation.
- Implications. The reference to “third celebration pursuits” within the context of proportionality just isn’t a welcome improvement, as a result of it might restrict the supply of preliminary and everlasting injunctions. That mentioned, we’re but to see how the courts will interpret the codified precept, and the open wording of the brand new provisions could allow judges to resolve instances in a extra versatile method than is at the moment doable. The extension of the confidentiality membership positively is a step in the appropriate course, as a result of it addresses potential considerations of litigants, which in any other case wouldn’t be ready to reveal commercially delicate data or technical know-how in courtroom.
To learn extra concerning the new provisions to PatG please learn the shopper alert written by Dr. Anette Gärtner and Dr. Alexander R. Klett.
