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Research: The practice of claiming a court injunction ordering an implementer to cease and desist from infringing a patent - German version.

by Uwe Scharen, Former Presiding Judge of the Federal Court of Justice in Germany. German version.

The practice of claiming a court injunction ordering an implementer to cease and desist from infringing a patent - German version.

Die Erstveröffentlichung dieses Aufsatzes erfolgte in der Zeitschrift „Mitteilungen der deutschen Patentanwälte“, Heft 09/2018, S. 369, herausgegeben vom Vorstand der Patentanwaltskammer, erschienen bei Wolters Kluwer Deutschland – Carl Heymanns Verlag

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Categories: Patent System and Patent Quality, IP Enforcement, IP and Competition Law

Research: The practice of claiming a court injunction ordering an implementer to cease and desist from infringing a patent

by Uwe Scharen - Former Presiding Judge at the Federal Court of Justice of Germany.

The practice of claiming a court injunction ordering an implementer to cease and desist from infringing a patent

This paper looks at the practice of the German courts regarding the provision of injunctive relief to patent holders. After a brief analysis of the German substantive law governing patent holders’ claims for injunctive relief, the author presents the legal remedies available to the patent holder under German law for protecting and enforcing such claims. It was first published: - in German in the journal "Mitteilungen der deutschen Patentanwälte“, Issue 09/2018, page 369, which is edited by the Board of the German Chamber of Patent Attorneys (Patentanwaltskammer) and published by Wolter Kluwer Deutschland – Carl Heymanns Verlag. - in English in the "Journal of Intellectual Property Law & Practice", Oxford University Press, jpy127, https://doi.org/10.1093/jiplp/jpy127

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Categories: Patent System and Patent Quality, IP Enforcement, IP and Competition Law

Research: Are PAEs a Threat to Europe?

by Igor Nikolic

Are PAEs a Threat to Europe?

Patent Assertion Entities are often negatively portrayed as harmful “patent trolls” that engage in speculative and abusive patent litigation against manufacturing companies. Although mass PAE litigation has mainly been US phenomenon, a recent study indicated that PAEs are on the rise in Europe and a number of changes to the European patent and litigation system have been recommended. This paper provides a different perspective on PAEs. It will first show that not all PAEs engage in harmful activities and that most are in the legitimate business of patent licensing. Further, Europe has in place different patent and litigation incentives than the US, which effectively guard against any abusive patent litigation. Finally, the available evidence does not in fact show the presence of mass and harmful PAE litigation in Europe.

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Categories: Patent System and Patent Quality, SMEs, IP Enforcement

Research: Success of university inventions

by Michael Krause, PhD researcher at Technische Universit√§t M√ľnchen, Germany

Success of university inventions

The study explores three questions on the success of patented university inventions in Germany. How successful are patented university inventions from a business perspective? How successful are patented university inventions from a societal perspective? What would be suitable measures to increase the success of patented university inventions?

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Categories: Patent System and Patent Quality, Licensing

Research: The role of intellectual property in the intelligence explosion

by Andrea Moriggi, LL.M. candidate, law of internet technology at Bocconi University, Italy

The role of intellectual property in the intelligence explosion

This article examines the future legal challenges of Intellectual Property related to Artificial Intelligence (AI), highlighting the role that AI can play in increasing the pace and scope of innovation to meteoric levels. While AI is making inroads into intellectual property by improving search and retrieval efficiency into IP offices it poses some threats from which existing laws leave us unprotected. The article argues that the IP legal framework needs to adapt to thorny issues of ownership and patenting in the AI era if delay in reaping the benefits of this new age is to be avoided.

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Categories: Patent System and Patent Quality, IP and Competition Law