At-a-glance:
German Patent and Trade Mark Office
Zweibrückenstr 12, 80331 Munich, Germany
Tel: +49 89 / 2195-0
Fax: +49 89 / 2195-22 21
Email: post@dpma.de
Website: www.dpma.de
IP litigation has become more aggressive in Germany over the past...
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At-a-glance:
German Patent and Trade Mark Office
Zweibrückenstr 12, 80331 Munich, Germany
Tel: +49 89 / 2195-0
Fax: +49 89 / 2195-22 21
Email:
post@dpma.de
Website:
www.dpma.de
IP litigation has become more aggressive in Germany over the past 12 months, according to IP lawyers. "Companies are using all the tools at their disposal, including aggressive border seizures. This was rarely used before and is used heavily now," says one. In proceedings, claims have also become broader, with more preliminary injunctions. "I would say around 70% of patent judgments are now enforced, through injunctions or other means" the lawyer adds.
Litigators estimate that there was 10% growth in patent litigation in the last quarter of 2010. One says: "Companies actually increased their litigation last year in our experience. The dip was in 2009; we were increasingly busy in 2010."
A business trend for law firms this year has been multinational companies adopting established panels of law firms and focusing relationships with these panel members. These large companies are reported to be concentrating legal work among a much more limited number of law firms. "They are giving global fee deals as well as no fee business such as seminars in exchange for companies giving them all the legal work. It becomes very important to get on these panels, as it can win you a lot of work," says one partner.
There has also been increased business from Japanese clients who, according to IP practitioners, had not been as litigious formerly. Lawyers say this trend will continue as clients become more aware that enforcing patents is just as important as having them.
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