Research Handbook on Patent Law and Theory
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Research Handbook on Patent Law and Theory

Second Edition

Edited by Toshiko Takenaka

This significantly updated second edition of the Research Handbook on Patent Law provides comprehensive coverage of new research for patent protection in three major jurisdictions: the United States, Europe and Japan.
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Chapter 10: Patent enforcement in Germany

Tilman Müller-Stoy

Abstract

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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