Part five of a six part series reviewing the patent litigation landscape in Europe - Patent litigation in other European countries.
“Towards an Enhanced Patent Litigation System and a Community Patent - How to Take Discussions Further”, Council document WD 11622/07 PI 135 (12 July 2007)
Figures provided to the European Commission, indicated in 2005, 30-50 cases per annum were heard in Sweden, 25 infringement cases and 17 validity cases were heard in Austria, around 30 cases were heard in Belgium and Switzerland, 20 cases were heard in Portugal and Poland and around 10-15 cases were heard in Denmark. Other countries reported that very few or no patent infringement cases arose in their courts.
A subsequent survey by DG Markt of patent litigation between 2007 and 2008 largely confirmed these figures and additionally provided information for Italy where 144 cases were heard in a three-year period, an average of 48 cases per year. It is, however, possible that the figure in the DG Markt survey may understate the actual volume of Italian litigation as other estimates have been higher identifying in excess of 100 patent cases a year.
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