The European and European Union Patents Court: The Way Forward After ECJ Opinion 1/09 on the Compatibility of the EEUPC with EU Law
19 Pages Posted: 19 Nov 2011
Date Written: July 22, 2011
This article undertakes a critical examination of the EU Commission proposal for a EU and EC wide-unified patent recognition and litigation system. The paper examines the current EU patent system, the original and revised EU Commission proposal for the unified system and the opinion of the European Court of Justice as to the deficiencies of the original proposal. My conclusions include recommended changes to be made to the Commission proposal that will bring the unified system within the bounds of EU law, a discussion of the effect of those potential changes on the nature or effectiveness of the unified system and an examination of the potential significance the unified patent system may have on EU patent protection.
Keywords: European Union, European Union Commission, Patent, Patent Court, Community Patent, European Court of Justice, ECJ
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