Comments of the Max Planck Institute for Intellectual Property, Competition and Tax Law on the 2009 Commission Proposal for the Establishment of a Unified European Patent Judiciary

IIC - International Review of Intellectual Property and Competition Law, Vol. 40, No. 7, 2009

Max Planck Institute for Intellectual Property, Competition & Tax Law Research Paper No. 09-06

Posted: 22 Aug 2009 Last revised: 20 Jan 2011

See all articles by Thomas Jaeger

Thomas Jaeger

University of Vienna - Faculty of Law

Reto Hilty

Max Planck Institute for Innovation and Competition; University of Zurich; Ludwig Maximilian University of Munich

Josef Drexl

Max Planck Institute for Innovation and Competition; Ludwig Maximilian University of Munich

Hanns Ullrich

Max Planck Institute for Innovation and Competition

Date Written: July 10, 2009

Abstract

The Max Planck Institute for Intellectual Property, Competition and Tax Law endorses the Commission's plans for a Community patent, which promises several key advantages as compared to fragmented rights under the EPC system. The Institute likewise endorses the general structure for patent litigation under the latest proposal advanced by the Council and the Commission in 2009 for the establishment of a European and Community patent court (ECPC), which answers to most of the current problems of ineffectiveness plaguing patent litigation and incorporates a workable compromise between the differing interests of political players and other stakeholders. The Institute underlines in particular that the tasks of creating a substantive patent right for the internal market and of reforming the patent litigation system are essentially separate and may therefore be implemented separately. However, the structure of the ECPC as discussed under the 2009 Proposal requires a number of adaptations to increase effectiveness and to ensure compliance with general Community law, which are discussed in this article.

Keywords: community patent, European patent, litigation, court, unified judiciary, draft agreement 2007

Suggested Citation

Jaeger, Thomas and Hilty, Reto and Drexl, Josef and Ullrich, Hanns, Comments of the Max Planck Institute for Intellectual Property, Competition and Tax Law on the 2009 Commission Proposal for the Establishment of a Unified European Patent Judiciary (July 10, 2009). IIC - International Review of Intellectual Property and Competition Law, Vol. 40, No. 7, 2009 ; Max Planck Institute for Intellectual Property, Competition & Tax Law Research Paper No. 09-06. Available at SSRN: https://ssrn.com/abstract=1445310

Thomas Jaeger (Contact Author)

University of Vienna - Faculty of Law ( email )

Schottenbastei 10-16
Vienna, A-1010
Austria

HOME PAGE: http://deicl.univie.ac.at/en/

Reto Hilty

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

HOME PAGE: http://www.ip.mpg.de

University of Zurich

Rämistrasse 74/7
Zürich, CH-8001
Switzerland

Ludwig Maximilian University of Munich

Munich, 80539
Germany

Josef Drexl

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

HOME PAGE: http://www.ip.mpg.de

Ludwig Maximilian University of Munich

Munich, 80539
Germany

Hanns Ullrich

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

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