What options are open to a patent owner seeking to enforce its rights in your jurisdiction?
About 1,000 infringement actions on the merits are filed before a German venue every year. Where infringement is found, an injunction is granted by law. As well as a verdict based on an infringement action on the merits – which usually takes between six and 12 months to be issued – a preliminary injunction can be declared by the courts in as little as 24 hours. The courts also grant rights to
inspect stands at trade fairs or premises on an urgent basis. In addition, German customs authorities are quite cooperative when it comes to border seizures. The ‘silver bullet’ is an infringement action on the merits, filed with one of the German ‘Ivy League’ courts for patent
infringement – Dusseldorf, Mannheim or Munich. The venue should be chosen based on the case’s complexity and any applicable time constraints. When the Unified Patent Court (UPC) starts operation – which is expected in 2018 – Germany’s leading courts will also host local divisions of the UPC.
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