Abstract
This article discusses the need of a Unified Patent Court, as a major contribution for the implementation of the European unitary patent. It begins by outlining the evolution of European patent rights and identifying the problems of the current system. Implementing a Unified Patent Court will be defended as a solution for one of the most important problems of the European patent: the lack of a central mechanism of jurisdictional control. The current model of jurisdictional control gives rise to a situation of great legal uncertainty and has diminished the value of European Union patent rights. We will analyse the virtues and disadvantages of the new European Unitary Patent resulting from the adoption of Regulations (EU) 1257/2012 and 1260/2012 and the Agreement on a Unified Patent Court.
Highlights
In the European Union (EU), a market of more than 446 million people, the protection of inventions can be made in two ways
When the European Economic Community (EEC) was founded, in 1957, with the aim to “ensure the economic and social progress of their countries..., to strengthen the unity of their economies and to ensure their harmonious development..., to confirm the solidarity which binds Europe..., to preserve and strengthen peace and liberty, and calling upon the other peoples of Europe who share their ideal to join in their efforts”1, there was no reference in the Treaty of Rome regarding the protection of intellectual property rights
As observed by Philip Soo (2012: 66), “it can be shown that the absence of a unitary patent right in Europe severely damages economic integration, which is central to the EU itself”, and patent law has long been recognised as an economic policy instrument (Nordhaus, 1969)
Summary
In the European Union (EU), a market of more than 446 million people, the protection of inventions can be made in two ways. Twenty-seven distinct national patents can be obtained, one for each EU Member State This implies applying and enforcing them separately on a State by State basis, or, since the implementation of the European Patent Convention (EPC) in 1978, it is possible to file a single patent application at the European Patent Office (EPO) in Munich and designate all the EU Member States in that application. When the European Economic Community (EEC) was founded, in 1957, with the aim to “ensure the economic and social progress of their countries..., to strengthen the unity of their economies and to ensure their harmonious development..., to confirm the solidarity which binds Europe..., to preserve and strengthen peace and liberty, and calling upon the other peoples of Europe who share their ideal to join in their efforts”, there was no reference in the Treaty of Rome regarding the protection of intellectual property rights. As observed by Philip Soo (2012: 66), “it can be shown that the absence of a unitary patent right in Europe severely damages economic integration, which is central to the EU itself”, and patent law has long been recognised as an economic policy instrument (Nordhaus, 1969)
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
