GERMANY Law and Practice Contributed by: Clemens Tobias Steins, Michael Pfeifer, Daniel Grohs and Bianca-Lucia Vos, HOFFMANN EITLE
10. Settlement/Antitrust 10.1 Considerations and Scrutiny
7.3 Special Provisions Patent infringement proceedings are subject to the same rules as any other civil procedure case. Special provisions only apply to nullity proceedings. 8. Other Relevant Forums/Procedures 8.1 The UPC or Other Forums The Unified Patent Court (UPC) has made a promising start, with cases from the life sciences and pharma ‑ ceutical sectors being heard there. However, national litigation continues to play a more significant role in this field, and this trend is likely to continue for the foreseeable future. 9. Alternative Dispute Resolution 9.1 ADR Options Mediation and other forms of alternative dispute reso ‑ lution are available and may be suggested by the court under Section 278a GCCP, but they require the con ‑ sent of both parties. The parties are also free to agree on any alternative approach to resolving their dispute, eg, through an expert determination. The parties may agree on such ADR once a dispute has arisen or in advance, as often is the case in IP contracts. Objective statistics that provide a clear picture of the use of ADR to resolve disputes in life sciences are not available. Seemingly, ADR plays a role, either through contractual dispute-resolution clauses or through agreements made at the time of the dispute, but it is extremely rare compared to litigation.
The EU Commission, as the competent antitrust authority for the entire European Union, is closely monitoring the pharma and life sciences sector, including abuses of dominant positions and agree ‑ ments that violate competition law. The EU Commis ‑ sion has been particularly critical of settlements that limit generic entry and include a value transfer to the generic company.
11. Collective Redress 11.1 Group Claims
Group claims are only available regarding unfair prac ‑ tices against consumers. They can be brought by con ‑ sumer advocacy organisations and are designed to assist consumers who have suffered minor damages and are unable to pursue their own legal action. They are not very relevant in the life sciences and pharma sector.
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