This website uses cookies

This website uses cookies to ensure you get the best experience. By using our website, you agree to our Privacy Policy

International In-house Counsel Journal logoInternational In-house Counsel Journal logo
Back to library search

The recent proposals for a reform of the German patent act: A true ‘modernisation’ of the patent system?

Abstract

The ‘modernisation’ of the patent law has dominated the debates around intellectual property in Germany in recent times. The need for changes to the current system has been controversially discussed among stakeholders, revealing very diverse positions especially between affected industry sectors. In January 2020, the German Federal Ministry of Justice and for Consumer Protection (MoJ) published a discussion draft for a new legislation containing several proposals for amendments to the German Patent Act (Patentgesetz) as well as other related statutory provisions (discussion draft). The goal of the MoJ was to initiate a public consultation on the proposals, the outcomes of which would be taken into account in the next steps of the legislative procedure. The present paper will guide the readers through the discussion draft, focusing on those proposals of the MoJ that are expected to have the most significant impact in practice. Looking at the current legal situation and taking the background underlying the concrete proposals into account, the paper aims to analyse – from a practitioner’s perspective – the potential benefits and risks associated with the suggested reforms.

Author

Portrait image of Spyros Makris
Spyros Makris
IPR Policy Manager, Ericsson GmbH, Germany

Dr. Spyros Makris is IPR Policy Manager at Ericsson. His main responsibilities include legal advice, research and training on various topics regarding the licensing and assertion of Intellectual Property Rights and especially patents. Prior to joining Ericsson, Spyros worked for almost seven years as a lawyer at Wach + Meckes LLP in Munich, focusing on international commercial litigation and arbitration. Before moving to Munich, Spyros worked for three years as a lecturer in international business law at the University of Applied Sciences of West Macedonia in Greece. Spyros is admitted to the Bar in Germany (Syndikusrechtsanwalt) and Greece (Dikigoros). He holds a PhD degree (Dr. iur) and a master’s degree (LL.M.) from the University of Constance, Germany as well as a law degree from the Democritian University of Thrace, Greece. Originally from Greece, but brought up in Germany, Spyros speaks German, English, Greek and basic French.

Company

Ericsson GmbH

Ericsson enables communications service providers to capture the full value of connectivity. The company’s portfolio spans Networks, Digital Services, Managed Services, and Emerging Business and is designed to help our customers go digital, increase efficiency and find new revenue streams. Ericsson’s investments in innovation have delivered the benefits of telephony and mobile broadband to billions of people around the world.

Related Papers

Pay-TV Piracy in Europe and Why Media Piracy is Still a Serious Problem, Growing Throughout the World
Precedent in Belgium: For the first time a court sentenced Pay-TV pirates to severe imprisonment and heavy fines – Sky Deutschland will receive over 2 million Euros in damages. A...Read more
Portrait image of Christine Maury-Panis
Christine Maury-Panis
EVP, General Counsel and Public Affairs, Viaccess S.A, France
Standards & Patents: The Increased Interplay Between the Two
The interplay between standards and patents has increased over the last few years. Standards development organizations (SDOs) are continuing to promulgate new common specifications. Patent owners are trying to develop...Read more
Portrait image of Jim Harlan
Jim Harlan
Senior Attorney, Research In Motion, USA
Portrait image of Hope Shimabuku
Hope Shimabuku
Legal Counsel, Research In Motion, USA
Open Telecom Standardization - How to work with patents - From patent prosecutors to intellectual asset strategists
The way the telecom industry works and has worked with patents traditionally is through open standards. An open standard is characterized in that it is open for anyone (i.e. any...Read more
Portrait image of Christian Arkelius
Christian Arkelius
European Patent Attorney, Ericsson, Sweden
Patent Reform: How do we cross the finish line?
Over the last several years, widespread abuse of patent litigation has imposed a severe tax on domestic and international companies. A disproportionate amount of this tax is born by high...Read more
Portrait image of Jeremiah Chan
Jeremiah Chan
Legal Director, Google Inc., USA
Portrait image of Matt Fawcett
Matt Fawcett
Senior Vice President General Counsel and Secretary, Network Appliance Inc, USA