Book review: Luke McDonagh, European Patent Litigation in the Shadow of the Unified Patent Court (Edward Elgar, 2016) 224 pp.

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.

Download Full-text

From Bielefeld to the Unified Patent Court – A Never-Ending Story?

IIC - International Review of Intellectual Property and Competition Law ◽

10.1007/s40319-021-01056-8 ◽

2021 ◽

Author(s):

Rudolf Teschemacher ◽

Tilman Müller-Stoy

Keyword(s):

European Patent ◽

Patent Litigation ◽

Law Firm ◽

Max Planck ◽

Senior Consultant ◽

Unified Patent Court ◽

The Law

AbstractThe authors have known Jochen Pagenberg from different perspectives: Tilman Müller-Stoy for almost 20 years as a partner in the law firm bearing Jochen’s name; Rudolf Teschemacher since the start of Jochen’s and his own career when both got in touch with IP at the Max Planck Institute in the early 1970s and later on for more than 15 years as a senior consultant at Bardehle Pagenberg. Thus, they paint a colourful picture, in particular throwing a glance at a leitmotiv of his work: European patent litigation.

Download Full-text

Still Unifying? The Future of the Unified Patent Court

IIC - International Review of Intellectual Property and Competition Law ◽

10.1007/s40319-021-01123-0 ◽

2021 ◽

Vol 52 (9) ◽

pp. 1143-1160

Author(s):

Anna Wszołek

Keyword(s):

Green Light ◽

European Patent ◽

Constitutional Court ◽

Patent Litigation ◽

Eu Member States ◽

The United Kingdom ◽

Federal Constitutional ◽

Unified Patent Court ◽

The Uk ◽

Unitary Patent

AbstractSince its launching, the Unified Patent Court (UPC) project has faced obstacles and scepticism from some EU Member States. When the United Kingdom ratified the UPC Agreement in 2018, it seemed that there was nothing left but to wait for a positive decision of the Federal Constitutional Court of Germany on the ratification by that country, so that finally the UPC could start its activity. Nevertheless, 2020 brought events that make one look back and reflect on the project itself. The UK withdrew its ratification and the Federal Constitutional Court ruled the German ratification process of the UPC Agreement unconstitutional. Then two new complaints were submitted to the Federal Constitutional Court, which this summer finally gave the green light to the ratification, but it seems the UPC project has already split Europe. The question that arises is whether, in the context of last year’s events and the fracture between the states, the unitary patent system can still be seen as unifying the European patent litigation system. This article discusses the examples of Poland, Hungary and the UK, as countries that refuse to participate in the system due to its interference in their internal legal systems and sovereignty, and other examples of fractures visible in the UPC.

Download Full-text

Book review

Acta Oeconomica ◽

10.1556/aoecon.52.2002.4.6 ◽

2002 ◽

Vol 52 (4) ◽

pp. 503-514

Author(s):

András Simonovits ◽

Ádám Török ◽

Beatrix Lányi

Keyword(s):

Central Europe ◽

Knowledge Economy ◽

International Competitiveness ◽

Regional Studies ◽

Academic Press ◽

Eu Membership ◽

New Knowledge ◽

Edward Elgar

T. Boeri - A. Börsch-Supan - A. Brugviani - R. A. Kapteyn - F. Peracchi (eds): Pensions: More Information, Less Ideology(Boston/Dordrecht/London: Kluwer Academic Press, 2001, 196 pp.) B. Å. Lundvall - G. Esping-Andersen - L. Soete - M. Castells - M. Telò - M. Tomlinson - R. Boyer - R. M. Lindley (ed.: M. J. Rodrigues): The New Knowledge Economy in Europe. A Strategy for International Competitiveness and Cohesion (Cheltenham, UK, Northampton, MA, USA: Edward Elgar, 2002, 337 pp.) G. Gorzelak - É. Ehrlich - L. Faltan - M. Illner: Central Europe in Transition: Toward EU Membership (Warsaw: Regional Studies Association, 2001, 371 pp.)

Download Full-text