Indian companies can enforce patents in Germany not only in cases where the opponent operates in Germany but also in cases where activities of the opponent have bearing on Germany. Even in a litigation where Germany is only marginally affected, Indian patentees may have a standing in Germany and be able to sue opponents from foreign countries such as USA, Japan, China and even India.
Germany has recently received considerable attention as an arena for patent disputes. The main points of attraction are the relatively short and inexpensive procedures and, most notably, the fact that an injunction will be granted in case of infringement as a matter of right. Less known is the fact that German courts have developed a rich case law on infringement with foreign participation or otherwise extraterritorial aspects that have literally far-reaching consequences for foreign companies. Inter alia, they may be subjected to injunctions and liable for damages, even if they do not operate in Germany at all.
This case law relies on German provisions on contributory infringement and a broad concept of participation in an unlawful act. Looking at contributory infringement first, the German Patents Act provides that a patent shall prohibit any third party not having the consent of the patentee from offering or supplying in Germany means relating to an essential element of the invention for use of the invention in Germany to a person not authorized to use the invention, if said third party knows or it is obvious from the circumstances that such means are suitable and intended for use of the invention. This sounds fairly limited to Germany and thus mostly harmless for foreign companies, but it is not.
This story is from the November - December 2016 edition of IP ERA.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber ? Sign In
This story is from the November - December 2016 edition of IP ERA.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber? Sign In
Bioethics vis-a-vis Biosimilars
With India moving from strength to strength in establishment of biosimilars as the current and next step of affordable healthcare, the need of the hour is to understand the regulatory guidelines and their implementation as per current requirements.
Tackling Online Employment Frauds
Efforts need to be taken at all levels – enforcement agencies, government institutions, corporations and the Internet users themselves – to curb this rising menace.
Google V. Equustek Solutions: The Cost of Doing Business?
Whether this is a simple case of the cost of doing business or just another case of insisting that Internet service providers and search engines become Internet police, there should be better parameters in place to protect the freedom of speech and prevent the abuse of the system.
Germany Hailed as an Arena for Solving International Patent Disputes
Indian companies can enforce patents in Germany not only in cases where the opponent operates in Germany but also in cases where activities of the opponent have bearing on Germany. Even in a litigation where Germany is only marginally affected, Indian patentees may have a standing in Germany and be able to sue opponents from foreign countries such as USA, Japan, China and even India.
Playing the Balancing Game
In order to attract foreign investment and encourage technology transfer, the government needs to take both consumers’ and private sector’s interests into account. There is no doubt that a balance is needed such that exclusive rights are protected but at the same time, this ‘should not’ lead to abuse of dominant position by the rights’ holder.
Biological Diversity Act, 2002: An Overview
A look at the provisions and regulations issued under this Act that came into force entirely in 2004 mainly to give effect to the UN Convention on Biological Diversity held at Rio De Janeiro in 1992.
Flying high: PTAB's Pilot Program For One-Judge Reviews
The pilot program proposed by the Patent Trial and Appeal Board (PTAB) is a winwin for both patent owners and the PTAB as it offers the former a chance to try one’s case before an objective trial-phase panel, while the latter stands to benefit too as two of three judges who would have been involved in the institution phase of an IPR are now free to look into other matters…
IP-led Innovation As Driver Of Indian Economy: The Role Of Businesses
Given the new policy initiatives by the Government of India that provide significant opportunity, Indian companies must develop IP-based innovative products and solutions that lead to business and economic growth.
