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ARTICLE · 30 JUNE 2021

Germany Passes Law To Restrict Injunctive Relief In Patent Cases By Proportionality Considerations

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The German legislature (Bundestag and Bundesrat) has passed a bill that will change German patent law. The bill will enter into force soon. Under the new law...

GermanyIntellectual Property
Benjamin Beck
Benjamin Beck
Dr. Ulrich Worm
Dr. Ulrich Worm
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The German legislature (Bundestag and Bundesrat) has passed a bill that will change German patent law. The bill will enter into force soon. Under the new law, injunctions in patent infringement cases will be restricted by proportionality considerations in individual cases. Further, stronger procedural safeguards will become available for the disclosure of confidential information during patent infringement proceedings.

Permanent Injunctions in Patent Infringement Cases

Unlike in many other jurisdictions, German courts have always granted permanent injunctions as a de facto automatic remedy if a patent was found to be infringed. While courts could restrict injunctions in patent cases by equitable considerations in individual cases, this corrective has rarely been applied. The new law will limit injunctions through a formal proportionality test whereby a claim for injunctive relief might be considered disproportionate if it would cause an extreme hardship for the

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