Abstract
This chapter contrasts harmonisation in general private law with harmonisation of intellectual property law. Using the current plans for a Unified Patent and a Unitary Patent Court as a case study, the authors observe that whereas harmonisation in private law is focused on substantive law, IP harmonisation seems preoccupied with procedural and institutional issues. The authors criticise the current proposals for a European patent court with exclusive jurisdiction over European patents and argue in favour of an optional instrument, as envisaged in the draft Common European Sales Law, which allows users to choose between national and European courts.
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