ECJ Declares Proposed European and Community Patents Court Unconstitutional

more+
less-

On 8 March 2011, the European Court of Justice handed down its Opinion No 1/09, in which it found that the proposed agreement on the community patents court is not compatible with the provisions of the European Union Treaties. This seems to have dealt a fatal blow to the prospects of a single unified system in the near future.

Although the European Patent System was implemented 33 years ago, there is still no unified system for patent enforcement in Europe. This means that patents are currently litigated on a national basis, leading to forum shopping, multiple actions and increased costs.

Various proposals have been put forward over the years but have foundered primarily on two fundamental issues: language and the processes for litigation.

The latest attempt by the European Commission to resolve this situation involved the resurrection of the Community Patent (providing for a single unitary patent covering the whole European Union) coupled with a new Community Patents Court.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© McDermott Will & Emery | Attorney Advertising

Written by:

more+
less-

McDermott Will & Emery on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×