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.

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.

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.

Key Elements of the Unitary Patent Package Adopted by the European Union

2013 ◽  
Vol 52 (4) ◽  
pp. 1037-1058
Author(s):  
Yohan Benizri
Keyword(s):  
European Union ◽  
United Kingdom ◽  
The European Union ◽  
Member States ◽  
The United Kingdom ◽  
Unified Patent Court ◽  
The Creation ◽  
Unitary Patent

For more than four decades, those who supported the creation of a single patent regime with European-wide legal effects must have felt a lot like Sisyphus, struggling pointlessly towards an unreachable goal. This may be about to change in light of the adoption of the “unitary patent package” by the European Union (EU), provided the thirteen Member States (including France, Germany, and the United Kingdom) ultimately ratify the Unified Patent Court Agreement (UPCA).

scholarly journals Is Intellectual property Right Legislation Constraining the Agrifood Biotechnology Sector in the European Union?

2003 ◽  
Vol 16 (2) ◽  
pp. 52-63
Author(s):  
Maria del Carmen Fernandez Diez ◽  
Maria de los Reyes Corripio Gil-Delgado
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Patent Protection ◽  
Developed Countries ◽  
Property Right ◽  
Intellectual Property Right ◽  
European Patent ◽  
The European Union ◽  
Ordre Public ◽  
Biotechnology Sector

In this paper, we discuss the implications of the recent Intellectual Property Right (IPR) enforcement in the European Union (EU) as a potential factor affecting agrifood biotechnology industry stagnation. After presenting a theoretical framework justifying patents, we describe some controversial questions in the European patent protection related to: a) the distinction between discovery and invention and; b) the morality and ordre public exception to the patentability. Although we provide some evidence about the reduction in importance of agrifood activities compared to that of pharmaceutical areas of application, we conclude that differences between EU and other developed countries IPR legislations are not the principal regulatory controversial factor affecting activities in the agrifood biotechnology sector.

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.

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.

Political aspects of security of the European Union Member States

2020 ◽  
pp. 97-105
Author(s):  
Aleksandra Kusztykiewicz-Fedurek
Keyword(s):  
European Union ◽  
Negative Impact ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Political Security ◽  
New Institutions ◽  
The Stability ◽  
Key Aspects ◽  
The Eu

Political security is very often considered through the prism of individual states. In the scholar literature in-depth analyses of this kind of security are rarely encountered in the context of international entities that these countries integrate. The purpose of this article is to draw attention to key aspects of political security in the European Union (EU) Member States. The EU as a supranational organisation, gathering Member States first, ensures the stability of the EU as a whole, and secondly, it ensures that Member States respect common values and principles. Additionally, the EU institutions focus on ensuring the proper functioning of the Eurozone (also called officially “euro area” in EU regulations). Actions that may have a negative impact on the level of the EU’s political security include the boycott of establishing new institutions conducive to the peaceful coexistence and development of states. These threats seem to have a significant impact on the situation in the EU in the face of the proposed (and not accepted by Member States not belonging to the Eurogroup) Eurozone reforms concerning, inter alia, appointment of the Minister of Economy and Finance and the creation of a new institution - the European Monetary Fund.

The Impact of Nontariff Trade Policy of European Union Crude Palm Oil Import on Indonesia, Malaysia, and the Rest of the World Economy: An Analysis in GTAP Framework

2020 ◽  
Vol 9 (1) ◽  
pp. 39-52
Author(s):  
Rozy A. Pratama ◽  
Tri Widodo
Keyword(s):  
European Union ◽  
Palm Oil ◽  
Computable General Equilibrium ◽  
Negative Impact ◽  
Trade Policies ◽  
The European Union ◽  
The World ◽  
Trade Analysis ◽  
Global Trade Analysis Project ◽  
The Impact

Indonesia and Malaysia are the largest producers and exporters of palm oil in the world vegetable oil market. Palm oil and its derivative products are the highest contributors to foreign exchange in 2018. This study aims to analyze the impact of the European Union import non-tariff trade policies on the Indonesian and Malaysian economies The analysis uses the Computable General Equilibrium (CGE) model of world trade on the Global Trade Analysis Project (GTAP) program. The results of this study found that the non-tariff import policy by the European Union had a negative impact on the economies of Indonesia and Malaysia. Moreover, the policy also has a negative impact on countries in Southeast Asia and the European Union. This shows that the enactment of non-tariff import trade policies for Indonesian and Malaysian palm oil products has a global impact.

scholarly journals THE INFLUENCE OF THE INTEGRATION IN THE EUROPEAN UNION ON THE ROMANIAN FISCAL LEGISLATION

2008 ◽  
pp. 56
Author(s):  
Mircea Muntean ◽  
Doina Pacurari
Keyword(s):  
European Union ◽  
Fiscal Policy ◽  
Negative Impact ◽  
Value Added ◽  
The European Union ◽  
European Directives ◽  
Eu Directives ◽  
Dividend Tax ◽  
Excise Duties ◽  
The Eu

Fiscal policy constitutes – within the state's economic policy – a system by means of which the taxes and duties owed to the country's consolidated budget are established and collected. Taking into account the role fiscal policy has been playing since Romania's admission in the European Union, one of the goals ceaselessly looked for is its adapting to the international community's acquis through the implementation of the European directives in our context. The EU directives make reference to direct taxes: dividend tax, interest income tax, assets transfer, shares exchange, income taxation for the non-residents, and so on, along with the indirect taxes: value-added tax, excise duties, etc. The paper approaches the main provisions within the contents of the European directives as well as the means of their implementation in the Romanian fiscal legislation regarding various types of taxes. The implementation of the European directives has been simultaneous with the establishing of measures concerning fiscal fraud prevention, frauds liable to have a negative impact on the state's consolidated budget.

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