30 August 2021 • 1 minute read
The End of the 'Automatic Injunction' in Germany? – Reform of the German Patent Act Enters Into Force
Prior to being enacted by the German legislator most recently,the latest reform of German patent law had been discussedfor years. Most of the provisions of the “Second Simplificationand Modernization of Patent Law” bill now entered intoeffect with the promulgation of the law on 18 August 2021.On one hand, the bill codifies limited exceptions to theautomatic injunction claim against patent infringers previouslyestablished by the case law of the German Federal Court ofJustice (FCJ). On the other hand, the reform aims at closing the“injunction gap” between rather fast-moving patent infringementproceedings and more drawn out validity proceedings thathas characterized the German “bifurcated” system overthe past years.