Muller-Stoy, Tilman --- "Patent enforcement in Germany" [2019] ELECD 751; in Takenaka, Toshiko (ed), "Research Handbook on Patent Law and Theory" (Edward Elgar Publishing, 2019) 250

Book Title: Research Handbook on Patent Law and Theory

Editor(s): Takenaka, Toshiko

Publisher: Edward Elgar Publishing

Section: Chapter 10

Section Title: Patent enforcement in Germany

Author(s): Müller-Stoy, Tilman

Number of pages: 22

Abstract/Description:

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.