Düsseldorf, November 2, 2020 – On October 28, the Federal Cabinet adopted the government draft of a Second Act to simplify and modernize patent law presented by Christine Lambrecht, Federal Minister of Justice and Consumer Protection. Among other things, the draft deals with the exceptional restriction of the right to injunctive relief under patent law for reasons of proportionality and the improved protection of secrecy in patent litigation. For a better synchronization of infringement proceedings before the civil courts and nullity proceedings before the Federal Patent Court, the draft law also provides for procedural changes with regard to nullity proceedings before the Federal Patent Court. Additionally, the modernization of many rather technical regulations in the entire field of intellectual property rights is also included.
The government draft is being discussed quite critically in expert circles. Cohausz & Florack (C&F) questions, among other things, the changes to the injunctive relief provisions. "Despite all assertions, the restriction of the injunctive relief demanded by less innovative industrial companies will inevitably damage Germany as a location for innovation. Such a restriction means less protection for innovations – and less protection means less investment in innovations," says Gottfried Schüll, patent attorney and partner at C&F. In addition, he believes that it is above all necessary for the nullity proceedings to pay more attention to the proper staffing of the Federal Patent Court. It is to be hoped that further changes to the draft will be made in the subsequent legislative procedure.
Picture credits: Andrey Popov – AdobeStock