Intellectual Property Litigation in Europe: 1st Half of 2024

The first half of 2024 has seen significant developments in intellectual property litigation across Europe, with key decisions and legislative changes shaping the landscape. This article provides insights into notable cases and regulatory updates, focusing on intellectual property litigation trends.

Unified Patent Court (UPC) Developments

The UPC has been a focal point, with early jurisprudence setting precedents. Key appellate decisions have covered preliminary injunctions, claim construction, access to documents, and opt-outs. The court’s user profile has shifted notably, with increased filings from pharmaceutical companies and Non-Practicing Entities (NPEs). Moreover, the rise in Unitary Patent requests indicates growing enforcement interest within the UPC.

EU Intellectual Property Legislative Developments

Supplementary Protection Certificates (SPC) Regulations: In February 2024, the European Parliament approved amendments to SPC Regulations for medicinal and plant protection products, including unitary SPCs, positioning the European Union Intellectual Property Office (EUIPO) as a central examination authority.

EU Pharma Package: Proposed reforms aim to streamline marketing approval processes for medicinal products, impacting data protection and generic product launches.

Standards Essential Patents (SEP) Regulation: Proposed changes seek to empower the EUIPO in SEP matters, influencing FRAND licensing rates and procedural timelines.

Design Rights: Updated legislation expands definitions to include digitally embodied designs, reflecting modern technological applications.

AI Act: Although not solely focused on IP, the AI Act introduces compliance obligations impacting IP rights enforcement.

Court of Justice of the European Union (CJEU) Decisions

Trademark Enforcement: Recent CJEU rulings, such as Audi v GQ, underscore protections for automotive trademarks against spare part infringement.

Data Protection and IP: CJEU’s decision in La Quadrature du Net clarifies data protection considerations in online copyright enforcement.

Patent Jurisdiction: Ongoing CJEU deliberations on patent litigation jurisdiction within and outside the EU could reshape legal strategies.

Intellectual Property Litigation Decisions from National Courts

Germany: Recent decisions include settlements and infringement findings involving patents in telecommunications and consumer goods sectors.

United Kingdom: Notable cases include trademark disputes and SEP litigation, highlighting the UK’s role in international IP conflicts.

Intellectual Property Litigation Key Themes

European IP litigation continues to evolve with strategic jurisdictional battles, legislative reforms, and landmark court decisions favoring rights holders. The dynamic regulatory landscape and judicial interpretations underscore the region’s importance in global IP enforcement.

Conclusion

In conclusion, the first half of 2024 showcases Europe’s pivotal role in shaping global intellectual property litigation through judicial precedents and legislative reforms. Stakeholders across industries must stay abreast of these developments to navigate the complex IP landscape effectively.

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