Axel Berger

For many years, Germany has probably not been the first jurisdiction to come to people’s minds regarding compulsory licenses – most likely because there has not been a single case for decades. Two recent requests for compulsory licenses have now put a focus on this legal institution provided by the German Patent Act once again. This is also due to the fact that there is an ongoing debate on injunctive relief, which is granted by law in Germany if patent infringement is determined, i.e. the decision is not left to the discretion of the court, for example by taking into account considerations regarding proportionality or third-party interests. Compulsory licenses are seen as a possible counterbalance and potential remedy to these automatic injunctions. The panelists of this workshop were involved in the two aforementioned recent cases and will explain and discuss the requirements for compulsory licenses in Germany on the basis of the guidance provided by these decisions.