Question
Hello everyone!
Thank you for your previous help! Just because it has been asked, let me start with it: we are operating out of Germany, but we are not limited in our business to the German market.
I have been reading a lot about so-called "patent trolls", also in a previous question by someone on this website. Is this really only an American issue? I do not think such entities have made the European news yet as much, but I am wondering what kind of legal and financial risk we are facing and how do we protect us against it? Maybe someone has experience with "patent trolls" in Europe? Thank you very much!
Answers: 3 public & 0 private
As of today patent trolls are still developing across various jurisdiction and Yes in Europe, it has been a fair amount of patent troll activity in the European Union, it has not risen to the level seen in the U.S.
Examples of some patent trolls involved in Europe which includes German based companies of IPCom GmBH and Papst Licensing GmBH & Co.
As you know the risk associated with these patent trolls are Infringement cases, patent litigation.
With respect to Europe, a Unified Patent Court (UPC) - which is a future centralized litigation system is formed in 2013, but the rules of procedure are still being finalized.
The draft provisions has ambiguity in terms of implementation with respect to dealing of the behaviour of Patent trolls, two such provisions are: Article 33 of UPC agreement (UPCA) and Article 62 of UPCA.
One has to wait and see on the UPC preparatory committee works up to handle the Patent litigation in Europe.
Hope my comments are useful to you.
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