Translation of "Menace de poursuite en contrefaçon d'un brevet " (French → English) :

1. Where a decision is taken finding an infringement of a patent, the Court may grant an injunction against the infringer aimed at prohibiting the continuation of the infringement.

3. Recalls that counterfeit products constitute a threat to consumers’ interests and safety, and in some cases to public health and the environment; calls upon the Commission, the Council and the Member States to refrain from expanding the definition of the notion of ‘counterfeiting’ beyond the scope of deliberate trademark violations which potentially damage consumers’ interests and safety, public health and the environment, and warns against the parallel expansion of the scope of criminal law; recalls that other IPR violations such as copyright infringements on a non-commercial scale and patent infringements should remain governed by ...[+++] civil law; lastly, points out that the fight against counterfeiting and intellectual property infringements must not affect legitimate trade in generic medicines;

[31] This is a new method of gaining return form a patent". Patent trolls" are patent owners (often investors who buy patents cheaply from failed companies) who use these rights to threaten companies with infringement actions and interlocutory injunctions, forcing them into financial settlements to avoid expensive litigation.

41. Calls for the strengthening of the WTO enforcement mechanisms of the TRIPS Agreement, which are necessary for combating the sale of counterfeit products and the violation of EU patent rights; states that protecting Europe's intellectual property, including geographical indications, remains one of the most important issues to be dealt with in the WTO; welcomes, in that context, the fact that the Commission will be stationing a patent officer in Beijing as of 1 April 2006; stresses that the internalisation of counterfeit products adversely affects tax receipts in developed countries, helps fund organised crime at the international level ...[+++] and reduces the incentives to invent and innovate in all countries, therefore posing a risk to EU industries´ heavy investment in high technology products and services;

41. Calls for the strengthening of the WTO enforcement mechanisms of the TRIPS Agreement, which are necessary for combating the sale of counterfeit products and the violation of EU patent rights; states that protecting Europe's intellectual property, including geographical indications, remains one of the most important issues to be dealt with in the WTO; welcomes, in that context, the fact that the Commission will be stationing a patent officer in Beijing as of 1 April 2006; stresses that the internalisation of counterfeit products adversely affects tax receipts in developed countries, helps fund organised crime at the international level ...[+++] and reduces the incentives to invent and innovate in all countries, therefore posing a risk to EU industries´ heavy investment in high technology products and services;

Paragraph 2 stipulates that the Community patent cannot be the subject of an action in respect of threatened infringement.