Summary: Interview of Mr. Scharen on the reform of the German Patent Act
Recently, the Federal Cabinet adopted a draft bill for the ‘Second Act on the Simplification and Modernisation of Patent Law’ (draft bill), which, in the meantime, has been submitted to the German Parliament to be enacted as law. Among other provisions, the draft bill includes a proposal for the introduction of an express proportionality provision limiting patent holders’ right to injunctive relief under specific conditions.
Uwe Scharen, esteemed former Presiding Judge of the 10th Senate of the Federal Court of Justice that is competent for patent law, was asked by 4iP Council to share his views on the respective proposal.
1. Background and key elements of the proposal
Looking at the problems that the reform seeks to address, Mr. Scharen acknowledges that there can be –particularly few– cases, in which an injunction imposing a judicial ban with immediate effect could be considered inappropriate. Under current German law, the general legal principle of proportionality, which is also applicable to patent law, covers such cases. ...