scholarly journals The Advent of the EU Unitary Patent and the Unified Patent Litigation System and its Implications

2013 ◽  
Vol 8 (2) ◽  
pp. 1-38
Author(s):  
Jae-Hyun AHN
Keyword(s):  
Patent Litigation ◽  
Unitary Patent ◽  
The Eu

The Constitutional Implications of the EU Patent

2011 ◽  
Vol 7 (2) ◽  
pp. 229-266 ◽  
Author(s):  
Steve Peers
Keyword(s):  
Intellectual Property ◽  
Patent Protection ◽  
Patent Litigation ◽  
Eu Law ◽  
Council Decision ◽  
Unitary Patent ◽  
The Eu

Council Decision of March 2011 to authorize enhanced co-operation as regards unitary patent protection – Proposed Regulations implementing enhanced co-operation in this area – Proposed treaty concerning patent litigation – Challenges to the validity of the decision authorizing enhanced co-operation – Incompatibility of the patent litigation treaty with EU law – EU external competence concerning intellectual property and civil jurisdiction issues

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.

Subject matter

2018 ◽  
Author(s):  
Christoph Keussen
Keyword(s):  
Subject Matter ◽  
Patent Protection ◽  
Council Decision ◽  
The Creation ◽  
Unitary Patent ◽  
The Eu

Council Decision of 10 March 2011 2011/167/EU was a culminating point in the long-standing dispute described in the Introduction relating to the creation of unitary IP rights in the EU. In its only Article, it authorizes 25 MSs of the EU (all MSs at the time of the Decision with the exception of Spain and Italy) to establish enhanced cooperation between themselves in the area of the creation of unitary patent protection.

Growth companies and procedural safeguards in European patent litigation

2018 ◽  
Vol 25 (2) ◽  
pp. 168-187 ◽  
Author(s):  
Krista Rantasaari
Keyword(s):  
Patent Protection ◽  
Patent System ◽  
European Patent ◽  
Court System ◽  
Patent Litigation ◽  
Start Up ◽  
Unified Patent Court ◽  
Procedural Safeguards ◽  
Enforcement Mechanisms ◽  
Unitary Patent

The unitary patent system with the establishment of the Unified Patent Court will lead to unitary patent protection covering most European Union countries. Moreover, it will lead to litigation with the same geographical reach. One potential concern related to increasing litigation is the so-called ‘patent trolls’ (non-practicing entities) that purchase patents for the purpose of portfolio building or company financing. One of the key expressed justifications of the unitary patent system was to support small- and medium-sized enterprises by securing them easier and wider access to patents. The aim of this article is to examine procedural safeguards from the perspective of the start-up and growth companies. These safeguards protect start-up and growth companies when acting as defendants. As a corollary, they weaken the enforcement mechanisms from the perspective of the plaintiff. The safeguards addressed in this article are fee shifting, preliminary injunctions, and bifurcation. As the Unified Patent Court system is still evolving, the current state of European patent litigation in key jurisdiction countries (Germany, the United Kingdom and the Netherlands) is analysed. This article explores how these safeguards evolve in the unitary patent regime and their potential to reduce uncertainty for start-up and growth companies when acting as defendants.

Towards a New Form of EU Law?: The Use of EU Institutions outside the EU Legal Framework

2013 ◽  
Vol 9 (1) ◽  
pp. 37-72 ◽  
Author(s):  
Steve Peers
Keyword(s):  
Monetary Union ◽  
Legal Framework ◽  
Financial Assistance ◽  
Economic And Monetary Union ◽  
Economic Governance ◽  
Patent Litigation ◽  
Eu Law ◽  
Court Of Justice ◽  
New Form ◽  
The Eu

Economic governance – Financial assistance – Economic and monetary union – Patent litigation – Treaties between member states – Jurisdiction of the Court of Justice – powers of the EU institutions – Enhanced cooperation

scholarly journals Enhanced Cooperation - the New Trend of the EU Development

2014 ◽  
pp. 148-154
Author(s):  
L. O. Babynina
Keyword(s):  
Patent Protection ◽  
Integration Process ◽  
Optimal Balance ◽  
European Public ◽  
Extreme Measure ◽  
The Status ◽  
The Law ◽  
Transaction Tax ◽  
Unitary Patent ◽  
The Eu

The article is dedicated to implementation of the enhanced cooperation in the EU. Actually two such projects are шn progress (the law applicable to divorce and legal separation and unitary patent protection) and other two are under discussionffmandai transaction tax and European Public Prosecutor's Office). Active use of the enhanced cooperation recently shows that such kind of the promoting integration is more and more required in the EU. However its implementation can jeopardize the principles of the EU functioning and undermine the status of the institutions in the integration process. This mechanism can also be used in order to exclude the discordant states from integration process instead of traditional search of compromises. This argument is based on analysis of the implementation conditions of the project on the unitary patent protection. At the same time the projects of the enhanced cooperation obviously make the interaction in different spheres more efficient. In addition they can be used for testing the new types of cooperation. That's why the search for an optimal balance between promotion integration through the mechanism of enhanced cooperation and preserving the unity of the EU should be considered as main goal by participants of the integration process. Otherwise the gradual separation on the vanguard group may lead to EU division. Nevertheless taking into consideration enlargement of the EU and its diversity, the enhanced cooperation Should be used onlyas "extreme measure".

The Emergence and Development of Intellectual Property Law in Western Europe

2017 ◽  
Author(s):  
Catherine Seville
Keyword(s):  
Intellectual Property ◽  
Middle Ages ◽  
Western Europe ◽  
Cultural Development ◽  
Property Law ◽  
European Perspective ◽  
The World ◽  
Ip Law ◽  
Unitary Patent ◽  
The Eu

This chapter surveys the emergence and development of Intellectual Property (IP) law in Continental Europe and Britain. The story begins largely in the middle ages with the grant of territorially-confined inventors’ and printers’ privileges, and traces the development of these privileges into the four main species of IP rights recognized throughout the world today. A key theme is the varied national histories that underpin the development of each IP right even within the geographical confines and relative social and political homogeneity of Western Europe, and the extent of modern IP law’s embeddedness in the industrial and cultural development of individual states. The chapter ends with an account of the emergence of a European perspective on IP, as expressed in the nineteenth-century Paris and Berne Conventions, and its development by general and IP-specific European communities, including the EU, which has established unitary patent, trademark, and design rights for its Member States.

scholarly journals The EU Embraces Enhanced Cooperation In Patent Matters: Towards A Unitary Patent Protection System

2011 ◽  
Vol 2 (3) ◽  
pp. 416-420 ◽  
Author(s):  
Enrico Bonadio
Keyword(s):  
European Union ◽  
Patent Protection ◽  
Protection System ◽  
The European Union ◽  
Legislative Proposals ◽  
A Priority ◽  
Unitary Patent ◽  
The Eu

On 13 April 2011 the Commission tabled a package of two legislative proposals implementing enhanced cooperation in the field of unitary patent protection and translation arrangements. Such proposals have subsequently been agreed upon by the EU ministers in an Extraordinary Competitiveness Council on 27 June 2011. Patent protection is indeed key to the European Union (EU) and constitutes a priority in EU institutions’ agenda, as it is capable of stimulating innovation and competitiveness.

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