Unitary Patent and the Pending Spanish Cases (C‑146/13; C-147/13): An Open Letter to the Judges of the European Union

18 Pages Posted: 1 May 2015

See all articles by Dimitris Xenos

Dimitris Xenos

Cardiff Metropolitan University

Date Written: April 27, 2015

Abstract

This is a letter which is addressed to the judges of the European Union regarding the pending cases of [Spain v. Parliament and Council] that examine the validity of EU Regulation No 1257/2012 of the European Parliament and of the Council of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection and that of EU Regulation No 1260/2012 of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements. It analyses the opinion of Attorney General Bot and, in particular, it focuses on i) the absence of judicial review of the European Patent Office, around which the EU Regulations revolve; ii) the underlying aim for uniform patent law, as envisaged in Article 118 TFEU, on which the EU Regulations rest; iii) the autonomy and uniformity of European Union law, as affected by the European Patent Office and the European Unified Patent Court; iv) the human rights implications involved.

Keywords: Unitary Patent, Unified Patent Court, EU Law, Intellectual Property, Patents, Democracy, Human Rights, Language Discrimination, Corporations, SMEs, European Patent Office (EPO), CJEU, EU Commission

JEL Classification: D61, I12, I31, J71, K19, K32, K33

Suggested Citation

Xenos, Dimitris, Unitary Patent and the Pending Spanish Cases (C‑146/13; C-147/13): An Open Letter to the Judges of the European Union (April 27, 2015). Available at SSRN: https://ssrn.com/abstract=2599897 or http://dx.doi.org/10.2139/ssrn.2599897

Dimitris Xenos (Contact Author)

Cardiff Metropolitan University ( email )

Cardiff School of Management
Llandaff Campus, Western Avenue
Cardiff, CF5 2YB
United Kingdom

HOME PAGE: http://cardiffmet.ac.uk/management/Pages/default.aspx

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