Patent Disputes in Germany : Arbitration vs Litigation

The aim of this study is to elucidate whether arbitration offers advantages compared to the patent litigation system which is currently existing in Germany. To answer this question three essential characteristics of the current German patent litigation system are presented, i.e. the economic importance of the German market and its impact on litigation, the remedy of injunctive relief provided by German patent law, and the so-called ‘injunction gap’ as a result of bifurcating infringement and revocation proceedings. This account is followed by a comparison of arbitration and litigation in Germany in the light of the adjudicators’ expertise as well as the flexibility, confidentiality and speed of procedure