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German law on patent injunctions: legal framework and recent developments


Picht, Peter Georg (2019). German law on patent injunctions: legal framework and recent developments. Chicago-Kent Journal of Intellectual Property:201-248.

Abstract

For patent litigation, Germany arguably is, together with the United Kingdom, the paramount venue in Europe.1 Stakeholders, such as patentees, licensees, inhouse and outside counsel, scholars and nonGerman courts or lawmakers, therefore have a strong interest not only in the established legal framework for patent litigation in Germany, but also in shifts this framework is, of late, undergoing. At the same time, the language barrier complicates insights on these matters, not least for AngloAmerican stakeholders, although a slowly increasing part of scholarship, and even of case-law, is available in English. Against this background, the present contribution sets out to explain basic structures and recent developments in German patent injunction law. It covers the main types of and requirements for such injunctions under German law (A.), the injunction’s scope as claimed and granted (B.), bifurcation and stays (C.), defenses and limitations (D.), alternatives to injunctive relief (E.), and recent developments (F.), before a conclusion and an outlook (G.) round off the paper.

Abstract

For patent litigation, Germany arguably is, together with the United Kingdom, the paramount venue in Europe.1 Stakeholders, such as patentees, licensees, inhouse and outside counsel, scholars and nonGerman courts or lawmakers, therefore have a strong interest not only in the established legal framework for patent litigation in Germany, but also in shifts this framework is, of late, undergoing. At the same time, the language barrier complicates insights on these matters, not least for AngloAmerican stakeholders, although a slowly increasing part of scholarship, and even of case-law, is available in English. Against this background, the present contribution sets out to explain basic structures and recent developments in German patent injunction law. It covers the main types of and requirements for such injunctions under German law (A.), the injunction’s scope as claimed and granted (B.), bifurcation and stays (C.), defenses and limitations (D.), alternatives to injunctive relief (E.), and recent developments (F.), before a conclusion and an outlook (G.) round off the paper.

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Additional indexing

Item Type:Journal Article, refereed, original work
Communities & Collections:02 Faculty of Law > Institute of Legal Sciences > Business Law
Dewey Decimal Classification:340 Law
Language:English
Date:January 2019
Deposited On:16 Dec 2020 10:28
Last Modified:24 Feb 2021 14:09
Publisher:IIT Chicago-Kent College of Law
ISSN:1559-9493
OA Status:Green
Free access at:Official URL. An embargo period may apply.
Official URL:https://scholarship.kentlaw.iit.edu/cgi/viewcontent.cgi?article=1265&context=ckjip

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