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Comment on the German Federal Supreme Court Decision “Raltegravir

Patent Act, Secs. 24, 85(1)
  • Peter R. Slowinski
Case Note Germany

Introduction

For decades the prevailing opinion in Germany was that obtaining a compulsory patent license based on Sec. 24 of the German Patent Act (hereinafter Patent Act) was a merely theoretical possibility for the licensee at worst, and a factor that only plays a role in license negotiations as the alternative to a negotiated agreement at best.1 Until recently, there was only one decision from the Federal Patent Court – the court in charge of proceedings regarding compulsory licenses – that actually resulted in the grant of a compulsory license to the licensee.2 However, even in this exceptional case the Federal Supreme Court finally revoked the granted license on appeal,3 the final result being that no such license has ever been granted based on Sec. 24 Patent Act. This has now changed for the first time with a decision of the German Federal Supreme Court. The decision followed a ruling by the Federal Patent Court from 20164and allowed the claimants to continue to manufacture...

Copyright information

© Max Planck Institute for Innovation and Competition, Munich 2017

Authors and Affiliations

  1. 1.J.S.M. (Stanford); Research Fellow at the Max Planck Institute for Innovation and Competition, Attorney-at-LawMunichGermany

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