Germany lately handed a reform invoice for the Patent Act (PatG) and its new provisions will seemingly be coming into power sooner quite than later. The reform is especially related for firms from the life sciences sector, which frequently litigate on this pro-patentee jurisdiction. The modifications to PatG deal with:
- Confidentiality issues. New part 145a PatG states the related provisions of the Commerce Secrets and techniques Act can 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 get together pursuits” within the context of proportionality will not be a welcome improvement, as a result of it could restrict the supply of preliminary and everlasting injunctions. That stated, we’re but to see how the courts will interpret the codified precept, and the open wording of the brand new provisions might allow judges to resolve instances in a extra versatile method than is at the moment attainable. The extension of the confidentiality membership undoubtedly is a step in the best path, as a result of it addresses potential issues of litigants, which in any other case wouldn’t be ready to reveal commercially delicate info or technical know-how in courtroom.
To learn extra in regards to the new provisions to PatG please learn the consumer alert written by Dr. Anette Gärtner and Dr. Alexander R. Klett.
