4iP News

Journal of Intellectual Property, Oxford University Press, publishes our paper on injunctive relief

27 September 2018

The Journal of Intellectual Property has published a paper commissioned by 4iP Council from Uwe Scharen, esteemed former Presiding Judge of the 10th Senate of the German Federal Court of Justice, on injunctive relief to patent holders entitled 'The practice of claiming injunctive relief for patent infringement in Germany'.

After a brief analysis of the German substantive law governing the patent holders’ claims for injunctive relief, the author presents the legal remedies available to them for protecting and enforcing such claims.

Such remedies include suits for granting an injunction in ordinary court proceedings as well as requests for preliminary injunction in proceedings for interim relief. The author presents the respective procedures, including appeals and stays.

The article also reviews the court practice in interpreting the substantive law and points out potential defences available to the implementer. The analysis shows that there are a number of safeguards built into the German legal system to ensure that the grant of equitable remedies reflects the legal position and interests of both the patent holder and implementer.

Visit the website of The Journal of Intellectual Property to download a copy of the full paper.