Germany lately handed a reform invoice for the Patent Act (PatG) and its new provisions will seemingly be coming into pressure sooner slightly 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 considerations. New part 145a PatG states the related provisions of the Commerce Secrets and techniques Act will even now apply in patent infringement instances. Briefly, Germany extends the confidentiality membership to patent proceedings.
- Codification of the precept of proportionality, which presently leaves important room for interpretation.
- Implications. The reference to “third social gathering pursuits” within the context of proportionality shouldn’t be a welcome improvement, as a result of it could restrict the provision of preliminary and everlasting injunctions. That mentioned, 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 determine instances in a extra versatile method than is presently doable. The extension of the confidentiality membership undoubtedly is a step in the suitable route, as a result of it addresses potential considerations of litigants, which in any other case wouldn’t be ready to reveal commercially delicate info or technical know-how in court docket.