scholarly journals Advantages and Disadvantages of the Single European Patent / Prednosti in slabosti enotnega evropskega patenta

2015 ◽  
Vol 61 (2) ◽  
pp. 24-34
Author(s):  
Klara Glazer
Keyword(s):  
The United States ◽  
Patent Law ◽  
European Patent ◽  
Forum Shopping ◽  
The European Union ◽  
Advantages And Disadvantages ◽  
Unified Patent Court ◽  
Pros And Cons ◽  
Unitary Patent ◽  
Reduction Of Costs

Abstract In February 2013, the European Union successfully completed more than 30 years of negotiations and formally signed an agreement establishing a single European patent. The agreement brought about a more competitive patent law compared with that in the United States and Japan. The agreement resulted in a number of advantages, especially for small and medium-sized enterprises, such as the reduction of costs by as much as 80%, simplification of procedures, and the adoption of the Unified Patent Court. With the new unitary patent, intellectual property will grow in importance. Yet experts warn that the new patent results in new forms of unwanted behavior, such as forum shopping and the emergence of patent trolls. This study presents both sides-the pros and cons-to predict the effects on business and cover the widest possible range of experts, providing their views on the topic.

4. Introduction to European Patent Law

2019 ◽  
pp. 99-119
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Patent Protection ◽  
Patent Law ◽  
Patent System ◽  
European Patent ◽  
European Law ◽  
European Patent Convention ◽  
Unified Patent Court ◽  
Unitary Patent

This chapter introduces the European law of patents and related rights with a discussion of the nature of patents as limited-term monopoly rights granted in respect of new, inventive, and industrially applicable inventions and the routes to obtaining patent protection in Europe. It then considers the existing European patent system established by the European Patent Convention 1973/2000, including its basis in state-based conceptions of IP territoriality, and the challenges presented to that system by globalization and developing technology. And finally, it discusses the long-standing pursuit of a unitary patent and unified patent court for Europe, including the reasons for each, and the features of the proposed Unitary Patent Package of 2012/2013.

scholarly journals Problematyka wybranych zagadnień jednolitej ochrony patentowej

Radca Prawny ◽  
2021 ◽  
pp. 191-217
Author(s):  
Tomasz Orfin
Keyword(s):  
European Union ◽  
Patent Protection ◽  
Negative Impact ◽  
European Patent ◽  
The European Union ◽  
Full Implementation ◽  
Legal Structure ◽  
Proposed Model ◽  
Unified Patent Court ◽  
Unitary Patent

Problems related to selected issues of unitary patent protection Unitary patent protection is one of the key challenges for the European Union. The current initiatives, which – despite being just a short step away from full implementation due to legal and formal issues, such as the complex legal structure or non-legal claims concerning their negative impact on the economy and competitiveness of enterprises – still raise doubts and uncertainties. The aim of this article is to illustrate the problem of unitary patent protection on selected issues concerning the European patent with unitary effect and the Unified Patent Court. The obstacles that prevent the implementation of the Unified Patent Court are presented. Critical voices assessing the proposed model of unitary patent protection are also presented and discussed.

Mutagenesis, ‘essentially biological processes’ and patent exceptions

2021 ◽  
Vol 11 (2) ◽  
pp. 219-242
Author(s):  
Muriel Lightbourne
Keyword(s):  
Patent Law ◽  
European Patent ◽  
Biological Processes ◽  
Patent Office ◽  
European Law ◽  
The European Union ◽  
Court Of Justice ◽  
Recent Developments ◽  
Living Material ◽  
Council Of State

Recent developments in the field of European law, in relation to subject-matter consisting of living material, raise a string of basic issues as to the legal qualification of certain techniques used in agriculture and medicine, such as CRISPR-Cas9, and regarding their appraisal under European patent law. The present article reviews a series of decisions, including the decision of the Court of Justice of the European Union in case C-528/16, the decision issued on 7 February 2020 by the French Council of State and the Opinion of the European Patent Office Enlarged Board of Appeal of 14 May 2020 on Referral G 3/19.

Towards a Pro-active Approach Concerning the Intersections between the Jordan Patents of Invention Law, United States Patent Law and European Patent Convention

2011 ◽  
Vol 25 (1) ◽  
pp. 71-87
Author(s):  
Zein J. Razem ◽  
Qais Ali Mahafzah
Keyword(s):  
United States ◽  
The United States ◽  
Patent Law ◽  
European Patent ◽  
United States Patent ◽  
European Patent Convention ◽  
Active Approach ◽  
Patent Laws ◽  
The World ◽  
States Patent

AbstractAttempts to harmonize patent laws worldwide have increased, leaving bits of argumentative issues untouched in the patent systems under scrutiny. However, diversity can sometimes prove desirable since majority rule is not always right and the minority wrong. Sometimes a part is more righteous than the whole. This research focuses on areas where the Jordan Patents of Invention Law, United States Patent Law, and the European Patent Convention intersect. It concludes that although most countries, including Jordan, follow a different path than that taken by the United States, it may be unnecessary for the United States to change its system in order to be in sync with the rest of the world. Thus, it may prove advantageous to have two separate systems that can provide different patent protections where humanity achieves progression and development.

scholarly journals The pros and cons of the Economic Partnership Agreement (EPA) for the Southern African Development Community (SADC) in the context of Member States’ trade relations with the European Union (EU)

2018 ◽  
Vol 23 (1) ◽  
pp. 69-85
Author(s):  
Małgorzata Czermińska ◽  
Joanna Garlińska-Bielawska
Keyword(s):  
European Union ◽  
The European Union ◽  
Trade Relations ◽  
Advantages And Disadvantages ◽  
Economic Partnership Agreement ◽  
Pros And Cons ◽  
Economic Partnership ◽  
Partnership Agreement ◽  
Benefits And Costs ◽  
The Eu

The article aims to present the benefits and costs for the SADC member countries of the conclusion of EPA and of the implementation of trade liberalisation thereunder, in the light of their trade relations with the European Union. The hypothesis adopted is that for the majority of the SADC countries entering into the agreement will involve improved access for their products to the EU market. The assessment of the advantages and disadvantages of the conclusion of an EPA will take account of a situation in which the countries of the region would not sign an EPA: how their customs status would change and whether it would affect the conditions of trade with the European Union.

scholarly journals Protection of patent law objects, created by artificial intelligence (AI) technologies

2021 ◽  
Vol 10 (44) ◽  
pp. 230-240
Author(s):  
Olha Pavlyuk ◽  
Nataliia Parasiuk ◽  
Alona Dutko ◽  
Vasyl Parasiuk ◽  
Oksana Stasiv
Keyword(s):  
Artificial Intelligence ◽  
The United States ◽  
Research Process ◽  
Patent Law ◽  
European Patent ◽  
Legal Systems ◽  
Anglo Saxon ◽  
The United Kingdom ◽  
Stage Of Development ◽  
Structural Methods

The aim of the article is to solve the scientific problem of outlining the issue of protection of patent law objects created using artificial intelligence technologies, and to establish whether it is possible to recognize artificial intelligence technologies as inventor at the present stage of development of legal systems. Philosophical, comparative-legal and system-structural methods were used in the research process. Based on the analysis of the European Patent Convention, the main generally accepted conditions of patentability of the invention are determined: novelty, inventive step, industrial applicability. It has been established that inventions created by artificial intelligence technologies will meet such criteria provided that certain requirements are met. In the context of the study, the case of the invention of artificial intelligence «DABUS» is analyzed and the results of its consideration in the European Patent Organization, the United Kingdom and the United States are summarized. In particular, it has been established that artificial intelligence technologies are currently not considered as inventors in either the Romano-Germanic or Anglo-Saxon legal systems.

Design Protection

2017 ◽  
Author(s):  
Barton Beebe
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
The United States ◽  
Patent Law ◽  
The European Union ◽  
Design Law ◽  
Definition Of ◽  
International Instruments ◽  
Design Protection ◽  
Ip Law

This chapter surveys the legal protection of industrial designs, understood as the protection of the appearance of articles of manufacture. It discusses the definition of “design” according to both the European Union (EU) and the United States (US). It examines the international instruments that form the foundation of industrial design law, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the Paris Convention, and the Berne Convention, among others. It then focuses on the various areas of intellectual property (IP) law that make up design law, including sui generis design protection law, patent law, copyright law, and trademark law among others, with particular attention on these aspects of design law as they feature in the US and the EU.

scholarly journals From the Unitary Patent Package to a Federal EU Patent Law

2018 ◽  
Vol 10 (1) ◽  
pp. 126-146
Author(s):  
Juliana Almeida ◽  
Guilherme Oliveira e Costa
Keyword(s):  
Patent Protection ◽  
Technological Development ◽  
Patent Law ◽  
International Agreement ◽  
The European Union ◽  
Member States ◽  
Cooperation Mechanism ◽  
Unitary Patent ◽  
The Eu ◽  
Scientific And Technological Development

Abstract For the last forty years, the European Union has been pursuing the goal of a unified system of patent law, which would make it possible for an invention to be protected, by EU law, throughout the territory of the Member-States, with a single application. This would simplify the patent protection system, making it easier, less costly and more secure, and would facilitate access to the internal market and promote scientific and technological development. However, problems might arise because of the plurality of legal sources that could be involved and due to the fact that not all countries want to be part of this new system. Nevertheless, the involvement of the majority of the Member-States in the Unitary Patent Package, through participating in an international agreement and in using the EU’s enhanced cooperation mechanism, is evidence of federalist manifestations of the EU as a sui generis organisation.

Unified Patent Protection in Europe: A Commentary

2018 ◽  
Keyword(s):  
Patent Protection ◽  
Patent Law ◽  
European Patent ◽  
Authoritative Text ◽  
Invaluable Tool ◽  
Unified Patent Court ◽  
The Creation ◽  
Developing Area ◽  
Law Professors ◽  
New System

The creation of the Unified Patent Court (UPC) is the most prominent change in the European legal landscape for the last four decades. This book explains how the new system works in practice and how to make the best use of its provisions. It offers readers an in-depth and comprehensive commentary on the legal mechanisms of the upcoming ratified European Patent Law, and advice on potential problems that users of the forthcoming regulations may face. The book first describes the creation of the Unified European Patent Law and how its four new legislative texts interact. The new legislative texts are then explained and commented on in detail, rule by rule, with diverse approaches and perspectives from a practitioner team comprising patent litigators, European patent attorneys, law professors and patent judges. The Commentary takes into account the practical needs of users of the new system on both the prosecution and enforcement sides, addressing substantive and procedural problems. This book is the most authoritative text on the Unitary Patent and Unified Patents Court, and an invaluable tool for practitioners in this rapidly developing area of law.

Natural Resource Damage Assessments: Is Cooperation a Good Thing?

2017 ◽  
Vol 2017 (1) ◽  
pp. 3091-3111
Author(s):  
Robert Haddad ◽  
Brian D. Israel
Keyword(s):  
Natural Resource ◽  
Oil Pollution ◽  
Effective Means ◽  
The United States ◽  
Working Relationships ◽  
Common Denominator ◽  
Environmental Response ◽  
Advantages And Disadvantages ◽  
Pros And Cons ◽  
The Cost

Abstract It has been nearly 55 years since the United States enacted the Clean Water Act (CWA) in which natural resource damages (NRD) were codified.1 The NRD cause of action, originally derived from the public trust doctrine and common law, was later integrated into the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in 1980 and into the Oil Pollution Act (OPA) in 1990. In response to the establishment of CERCLA and OPA, the U.S. Department of the Interior (DOI) was charged with developing and promulgating NRD regulations under CERCLA while the National Oceanic and Atmospheric Administration (NOAA) was charged to do so under OPA. Originally, DOI’s approach to assessing NRD under CERCLA emphasized monetary compensation, as this was a simple common denominator. Later, under OPA, NOAA’s regulations allowed NRD to be determined by, and compensated with, an ecological currency, e.g., using a Habitat or Resource Equivalency Approach (HEA2, REA3). This focus on putting restoration front and center in NRD assessments (NRDAs)4 was ultimately integrated into the DOI regulations in 2008. A critical and evolving aspect of NRDAs has been the concept of cooperation between the responsible party (RP) and the trustees in undertaking the NRDA (e.g., Israel 2006a; Connor and Gouguet 2005; Reinharz et al. 2005). This approach, supported by NOAA and others, is an effective means to identify and resolve legal uncertainties through stipulations and create working relationships that effectively focus on assessment resolution and restoration implementation; the ultimate outcome being a more rapid path to restoration and a significant decrease in litigation and other transactional costs. Over the past decade, the benefits of cooperative assessments have been questioned. It has been suggested that cooperative NRDAs do little to move the process forward in a timely manner. It has been further implied that cooperation equates to RPs paying up front for the cost of the assessment while the trustees conduct the assessment. In truth, both perspectives are correct, the reality being that cooperation means different things to different people. In this paper, we examine the historical underpinnings of the NRDA regulations, how this led to the development of the cooperative, restoration-based NRDA process, and the pros and cons of the cooperative NRDA process. We identify some of the inherent political, technical, cultural, and legal challenges with the cooperative NRDA paradigm as well as some of the benefits. Finally, we discuss the advantages and disadvantages of cooperation in the context of future NRDA cases, with an eye towards identification of specific processes that may help better understand or predict if cooperation is the best path forward for resolution of NRD liability.

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