Abstract

http://ssrn.com/abstract=2109378
 
 

Footnotes (103)



 


 



Of Trips and Traps: The Interpretative Jurisdiction of the Court of Justice of the EU Over Patent Law


Angelos Dimopoulos


Tilburg Law School; Tilburg Law and Economics Center (TILEC)

Petroula Vantsiouri


University of Cambridge - Faculty of Law

July 16, 2012

TILEC Discussion Paper No. 2012-025

Abstract:     
Using the pending Daiichi Sankyo case as a point of reference, this article examines whether EU exclusive competence under Article 207 TFEU requires the CJEU to interpret the patent provisions of the TRIPS Agreement and, if so, what are the implications for patent protection in the EU. It examines whether the Court’s jurisprudence on the direct effect and interpretation of the substantive patent provisions of the TRIPS Agreement is good law in the post-Lisbon era, arguing that the Court has acquired interpretative jurisdiction over the entire TRIPS Agreement. Secondly, it looks into the implications of a CJEU interpretative jurisdiction over TRIPS on the development of uniform EU patent rules in light of the recent developments regarding the establishment of a Unified Patent Court and a EU Patent with Unitary Effect. It concludes that the CJEU can play a key role in safeguarding coherence and consistency in the application of the different regimes of patent protection in the EU.

Number of Pages in PDF File: 26

Keywords: TRIPS, patent law, European Court of Justice, Common Commercial Policy, Article 207 TFEU, jurisdiction, Lisbon Treaty

JEL Classification: K33, K41, O34

working papers series


Download This Paper

Date posted: July 16, 2012  

Suggested Citation

Dimopoulos, Angelos and Vantsiouri, Petroula, Of Trips and Traps: The Interpretative Jurisdiction of the Court of Justice of the EU Over Patent Law (July 16, 2012). TILEC Discussion Paper No. 2012-025. Available at SSRN: http://ssrn.com/abstract=2109378 or http://dx.doi.org/10.2139/ssrn.2109378

Contact Information

Angelos Dimopoulos (Contact Author)
Tilburg Law School ( email )
Tilburg, 5000 LE
Netherlands
Tilburg Law and Economics Center (TILEC) ( email )
Warandelaan 2
Tilburg, 5000 LE
Netherlands
Petroula Vantsiouri
University of Cambridge - Faculty of Law
10 West Road
Cambridge, CB3 9DZ
United Kingdom
Feedback to SSRN


Paper statistics
Abstract Views: 2,015
Downloads: 187
Download Rank: 94,066
Footnotes:  103
Paper comments
No comments have been made on this paper

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.312 seconds