On Law and Policy in a European and European Union Patent Court (EEUPC) - What Will it do to Patent Law and What Will Patent Law do to it?

25 Pages Posted: 25 Mar 2010

See all articles by Jens Schovsbo

Jens Schovsbo

Centre for Information and Innovation Law (CIIR)

Clement Salung Petersen

University of Copenhagen, Centre for Enterprise Liability

Date Written: March 16, 2010

Abstract

On 4 December 2009, the European Council unanimously adopted conclusions on an enhanced patent system in Europe, which inter alia intends to establish a new EU patent as well as a new common patent judiciary – the European and European Union Patent Court (EEUPC). The EEUPC will constitute a new sui generis, transnational court system with exclusive jurisdiction in respect of civil litigation related to the infringement and validity of European patents and EU patent. This paper considers this proposal for the establishment of the EEUPC under two basic observations, namely that substantive law requires legal institutions, which support the purposes and policies underlying the substantive law in question, and that legal institutions affect the law. The first observation leads to a discussion of the requirements which a common judiciary in the European patent system should satisfy and different models for the institutional design of such a judiciary. The second observation leads to a discussion of how the EEUPC may affect the European patent system. It is concluded that the need for a common judiciary in the European patent system may be satisfied in different ways and that the EEUPC may not be the optimum solution.

Keywords: European and European Union Patent Court, EEUPC, Enhanced Patent System In Europe, Patent Court

Suggested Citation

Schovsbo, Jens and Petersen, Clement Salung, On Law and Policy in a European and European Union Patent Court (EEUPC) - What Will it do to Patent Law and What Will Patent Law do to it? (March 16, 2010). Available at SSRN: https://ssrn.com/abstract=1572521 or http://dx.doi.org/10.2139/ssrn.1572521

Jens Schovsbo

Centre for Information and Innovation Law (CIIR) ( email )

University of Copenhagen
Karen Blixens Plads 16
Copenhagen, 2300
Denmark

Clement Salung Petersen (Contact Author)

University of Copenhagen, Centre for Enterprise Liability ( email )

DK-1455 Copenhagen
Denmark

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
221
Abstract Views
1,086
rank
154,623
PlumX Metrics