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

26 Pages Posted: 16 Jul 2012  

Angelos Dimopoulos

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

Petroula Vantsiouri

University of Cambridge - Faculty of Law

Date Written: July 16, 2012

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.

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

JEL Classification: K33, K41, O34

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: https://ssrn.com/abstract=2109378 or http://dx.doi.org/10.2139/ssrn.2109378

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

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