MIL OSI Translation. Region: Germany / Deutschland –
Source: CDU CSU
October 28, 2020
Maintain strong intellectual property protection
On the occasion of today’s cabinet decision on the draft of a second law to simplify and modernize patent law, the legal and consumer policy spokesman for the CDU / CSU parliamentary group, Dr. Jan-Marco Luczak, and the rapporteur responsible for patent law for the CDU / CSU parliamentary group Ingmar Jung:
Dr. Jan-Marco Luczak: “Germany is an innovation and world market leader in many areas. The protection of intellectual property through patents has therefore traditionally been of great importance. However, the sharp sword of the patent injunction must not fall into the wrong hands. Patents are being bought up more and more in Germany with the sole aim of putting companies under pressure, threatening serious consequences, for entire production processes and asserting high financial claims. This practice leads to considerable damage to the entrepreneurs concerned. The label “Made in Germany” threatens to become a disadvantage for many of them.
We are now putting a stop to the abuse of patent law. On the basis of the new draft law, we will selectively readjust patent law. At the same time, we synchronize judicial proceedings in order not to let the legal protection run idle through different speeds in nullity and infringement proceedings and thus encourage the use of the abusive injunction.
Only on the basis of effective protection of intellectual property can economic success arise from creativity, entrepreneurial spirit and innovation. It is a good thing that the Federal Government today complied with our constant pressure to end the abusive use of property rights under patent law. “
Ingmar Jung: “The protection of intellectual property is an essential prerequisite for a strong research and innovation location in Germany. This also includes the protection of patent law, the absoluteness and indispensability of which should not be called into question by the legislative project.
However, this absoluteness has to find its limits where patent law is solely intended to block production processes in order to generate excessive license claims. There, innovation protection is reversed.
In the further legislative process, it will be our task to find a good compromise: Our goal is to prevent abuse by so-called patent trolls without devaluing patent law. Therefore, the limitation of the patent law injunction must remain the absolute exception. This must be designed in such a way that it can only be restricted in those cases in which improper use is obviously obvious. We will advocate such a design. “
EDITOR’S NOTE: This article is a translation. Apologies should the grammar and / or sentence structure not be perfect.