United patent court of the EC: organizational and economic-legal basis of functioning

Abstract

The EU’s system for dealing with patent law disputes provides that disputes concerning the same European patent may be considered in parallel in different EU member states. To prevent such shortcomings from adversely affecting the transparency and functioning of the market, it was decided to introduce a Unified Patent Court in the EU patent system. The required package of documents (“patent package”) is intended to make the most valuable changes in the legal regulation of the protection and protection of inventions in the EU over the past 40 years. The article discusses the role and place of the Unified Patent Court (UPC) in the EU patent system. The organizational and economic-legal aspects of the creation and operation of a specialized patent court with exclusive jurisdiction for court proceedings related to European and unified EU patents: structure of the court, composition of judges, language of processes are analyzed. financial activities, organizational and procedural provisions, litigation costs and fees. It is emphasized that the economic factor is the key issue of the effective existence of the EU patent system. The experience of creating the Unified Patent Court will be interesting for Ukraine, which has chosen the path to create a specialized court in the field of intellectual property, because approximately one fifth of the Association Agreement with the EU concerns the unification of the legislation of Ukraine and the EU in the field of intellectual property