Germany: Healthcare

Headnote: The claimant’s legitimate interest in the publication of a decision (Art. 80 UPCA) may, depending on the circumstances of the individual case, follow from the fact that the defendant has marketed the attacked embodiment by explicitly referencing to the key technology protected by the patent

High sickness rates present significant challenges for employers. Previously, if employers had doubts about an employee's actual incapacity for work, they faced significant challenges due to the high probative value of the certificate of incapacity for work.

From 20 April 2021, employers in Germany have been required to offer COVID-19 tests to all employees who do not exclusively work from home.