Abstract

The paper explores how coexistence and complementarity will work under the planned scheme for the creation of a European patent with unitary effect together with a supranational patent court system. It addresses the various (legal, institutional, economic) aspects of the future coexistence of national patents, European patents and European patents with unitary effect. It outlines the existing variations on coexistence within the present European intellectual property framework, then, after a brief summary of the main elements of the current unitary patent package, it goes on to describe how the various patent titles will coexist within the multi-layer system which will be established by that package. That is followed by an analysis of the future coexistence of national and European patent institutions.

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