On September 1, 2020, the German Federal Ministry of Justice and
Consumer Protection ("BMJV") published a new draft
amendment to the Patent Act to simplify and modernize German patent
law. Among other things, it substantially improves amendments to
German law on injunctive relief for patent infringements,
introducing a proportionality criterion. The development is
particularly important in light of the emerging debate on patent
protection for standards for 5G and Internet of Things, affecting
manufacturers EU-wide. Deadline for comment is September 23,
2020.
While questions remain, the current draft proposal is promising
as it materially improves a previous draft, and offers the prospect
of compensation for patentees in cases where an injunction is
denied on the basis of a proportionality defense, while mitigating
the risk of hold-up by patent holders. Car manufacturers, for
example, are increasingly under pressure and face claims for
injunctions on small
