Edited by Toshiko Takenaka
Chapter 10: Patent enforcement in Germany
This chapter examines some procedural key features of patent enforcement in Germany with a focus on jurisdiction and venues, standing to sue, procedure, costs and timing as well as collecting evidence prior to and during a patent litigation. Further, German-style bifurcation and the thereby-caused injunction gap that is a strategic advantage for plaintiffs in Germany is analyzed. Finally, the strategic and practically relevant tool of preliminary injunction proceedings for patent infringement is explained. On the substantive law side, the focus lies on the quasi automatic availability of injunctive relief (without equity considerations) and damages.
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