Germany just lately handed a reform invoice for the Patent Act (PatG) and its new provisions will seemingly be coming into power sooner slightly than later. The reform is especially related for firms from the life sciences sector, which regularly litigate on this pro-patentee jurisdiction. The modifications to PatG handle:
- Confidentiality issues. 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 vital room for interpretation.
- Implications. The reference to “third celebration pursuits” within the context of proportionality will not be a welcome growth, as a result of it might restrict the supply of preliminary and everlasting injunctions. That stated, 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 potential. The extension of the confidentiality membership positively is a step in the precise course, as a result of it addresses potential issues of litigants, which in any other case wouldn’t be ready to reveal commercially delicate data or technical know-how in courtroom.