All Back to Square One? - An Assessment of the Latest Proposals for a Patent and Court for the Internal Market and Possible Alternatives

Published as: Back to square one?, in: International Review of Intellectual Property and Competition Law (IIC), Vol. 43, Issue 3, 2012, pp. 286-308

Max Planck Institute for Intellectual Property & Competition Law Research Paper No. 12-01

27 Pages Posted: 13 Jan 2012 Last revised: 14 Mar 2017

Thomas Jaeger

University of Vienna - Faculty of Law

Date Written: December 15, 2011

Abstract

In 2009, when the Council reached a political agreement on the creation of a substantive patent right for the internal market and of a flanking litigation system, the prospects of that project looked brighter than ever before. However, the project has since taken some heavy blows, administered by permanent disagreement in the Council over translation arrangements on the one hand and by a negative ECJ opinion on the court system on the other. The Commission and Council have since been busy to reassemble the leftovers patchwork-style. This article suggests that such an approach might do more harm than good to the project overall and that perhaps one step back should be taken to reconsider the latest proposals and assess alternatives.

Keywords: EU patent, unitary patent, European patent court, EPO, Opinion 1/09, Enhanced Cooperation, EPLA, EEUPC, COPAC

Suggested Citation

Jaeger, Thomas, All Back to Square One? - An Assessment of the Latest Proposals for a Patent and Court for the Internal Market and Possible Alternatives (December 15, 2011). Published as: Back to square one?, in: International Review of Intellectual Property and Competition Law (IIC), Vol. 43, Issue 3, 2012, pp. 286-308; Max Planck Institute for Intellectual Property & Competition Law Research Paper No. 12-01. Available at SSRN: https://ssrn.com/abstract=1973518

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/

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