Download or read book The EU Patent Package Handbook written by Hoffmann · Eitle and published by Hoffmann · Eitle. This book was released on with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new patent right for Europe (the European Patent with Unitary Effect) and a new European enforcement and invalidation regime (the Unified Patent Court) are expected to come into operation soon, potentially as early as 2015. Existing patents granted by the European Patent Office (EPO), as well as those granted in the future, will automatically come under the jurisdiction of the new Court, unless opt-out rights are exercised. These measures represent one of the most complex and ambitious legal reforms in the field of European intellectual property since the creation of the EPO in 1977. For applicants and proprietors used to the current European system of national patents and national courts, the new system will present both opportunities and challenges in developing, maintaining and leveraging a cost-effective patent portfolio. For manufacturers, distributors and end-users, the new system will subject their activities to the jurisdiction of a new court, with unique and possibly unfamiliar powers and procedures. Decisions must therefore be made as to how best to take advantage of the possibilities afforded by the new system. Applicants and proprietors are already asking themselves questions such as: Should I start to register European patents as European Patents with Unitary Effect when they become available, or should I continue with national validation? For which European patents and applications should I make use of the opt-out to keep litigation in the national courts? Should I consider reverting to national filings instead of using the EPO? How will the new Unified Patent Court be structured, and how will it work? What choices will I have in future as to where to litigate – should I choose a national court or the UPC to enforce or invalidate a European patent? This Handbook provides both guidance for the strategic decisions which will have to be taken and a detailed reference manual to the law and practice of the new system.
Download or read book Enhanced cooperation for the EU patent written by Great Britain: Parliament: House of Commons: European Scrutiny Committee and published by The Stationery Office. This book was released on 2011-06-08 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enhanced cooperation for the EU Patent : The Committee's evidence session with Baroness Wilcox, thirty-second report of session 2010-12, report, together with formal minutes, oral and written Evidence
Download or read book Enhanced Cooperation in the Area of Unitary Patent Protection Testing the Boundaries of the Rule of Law written by Matthias Lamping and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The paper analyses the European Court of Justice's decision in cases C-274/11 and 295/11 (Spain and Italy v Council) regarding enhanced cooperation for the creation of the European patent with unitary effect - the unitary patent. The actions called for an annulment of the Council decision authorizing enhanced cooperation on grounds of lack of competence, misuse of powers and infringement of the Treaties. In a desperate attempt to save what is left of the EU's credibility in matters of European patent policy, the Court of Justice dismissed the actions and thereby turned enhanced cooperation from a factor of integration into an instrument of repressive dominance. Besides giving a new lease of life to an untamable patent system that falls short of all its predecessors - both legally and politically - the Court's decision sets a dangerous precedent for differentiated integration in other policy areas.
Download or read book European Patent Law written by Duncan Matthews and published by Walter de Gruyter GmbH & Co KG. This book was released on 2023-10-04 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Constitutional Framework for Enhanced Cooperation in EU Law written by Robert Böttner and published by BRILL. This book was released on 2021-02-15 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitutional Framework for Enhanced Cooperation in EU Law analyses the primary-law framework of the flexibility tool of “enhanced cooperation”. Against the background of recent Member State practice, Robert Böttner redefines its constitutional rules and draws conclusions on its potential for European integration.
Download or read book The New European Patent written by Alfredo Ilardi and published by Bloomsbury Publishing. This book was released on 2015-06-25 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 17 December 2012, following a complex negotiation which lasted 12 years, the European Parliament adopted Regulations (EU) 1257/2012 and 1260/2012 and the text of the Agreement on a Unified Patent Court (UPC Agreement). These instruments institute the 'European patent with unitary effect', the first unified system for the protection of inventions within the European Union. The two Regulations will be applicable after the entry into force of the UPC Agreement, which was signed on 19 February 2013 by 24 Member States of the European Union. This book traces the evolution of the idea behind the institution of the European patent with unitary effect, including a comparative analysis of the existing parallel regional and international procedures for the protection of inventions. It presents a synthesis of the different phases of the negotiations which led to the adoption of the first unitary patent system within the European Union. In addition it examines the provisions of the two Regulations, of the UPC Agreement and of the jurisdictional system under Brussels I Regulation. Finally, the Appendix contains the text of Regulations (EU) 1257 and 1260/2012 and of the UPC Agreement.
Download or read book The Unitary Patent Package Unified Patent Court written by Luc Desaunettes-Barbero and published by Ledizioni. This book was released on 2023-06-09 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: As of 1st of June 2023, after years of negotiations, setbacks and postponements, the Unitary Patent Package (UPP) enters into force: the European patent with unitary effect (EPUE) becomes a reality and the Unified Patent Court (UPC) starts its activities.Regrettably, the patent regime put in place is not a genuine EU system. Adopted through an enhanced cooperation procedure, it firstly does not include all EU Member States. Secondly, the conditions and the procedure for granting EPUE is in the hands of the European Patent Office, an international organization to which EU is not a party. Lastly, the substantive provisions and the litigation proceedings are defined by an international treaty (the UPC Agreement) to which EU is not a member, and by national laws for the remaining aspects. Such system carves patent law out of the EU legal and judicial orders and reduces the roles of the EU Parliament and Court of Justice. Challenges are numerous in terms of complexity, harmonization objectives, legality, business advantages and wider societal, economic and legal concerns, to name a few.With twenty-eight contributions from academics and practitioners, this book starts with putting the new system into historical, comparative and institutional contexts (Part I) before highlighting some issues under EU law and the perspective of EU integration (Part II). The institutional, jurisdictional and procedural questions raised by the UPC are then addressed (Part III), as well as the innovation and markets issues (Part IV). The last contributions discuss possible improvements and alternatives to the Unitary Patent Package (Part V).
Download or read book The Unitary Patent and the Unified Patent Court written by Pieter Callens and published by Kluwer Law International B.V.. This book was released on 2023-12-05 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2013, twenty-five Member States of the European Union decided to take European patenting and patent enforcement to a next level. They agreed on a common patent title and a common patent court, i.e. the new Unitary Patent and the Unified Patent Court. Unfortunately, the implementation phase of the new patent package appeared to be a bumpy ride: non-participating Member States attacked the legal texts before the EU Court of Justice, the Rules of Procedure of the Unified Patent Court were subject to extensive debates, the Brexit caused the UK to step out of the system, an action before the constitutional court in Germany resulted in years of delay, etc. Nevertheless, the unitary patent package appeared to be a survivor. On 1 June 2023, the Unified Patent Court could finally open its doors with seventeen EU participating Member States. At the same time the first Unitary Patents could officially be registered. From then on, companies, research institutions, and individuals are able to obtain not only a patent title with immediate effect in the participating EU Member States, but also a court decision on infringement or validity of a European or Unitary Patent with immediate effect in all the participating Member States. The authors of this book, one being a leading Belgian IP lawyer who had a hand in the legal texts of the Unitary Patent and the other being a reputed Belgian intellectual property appeal judge who is currently (part-time) UPC judge at the local division in Brussels, were the first in 2013 to publish an introduction to the Unitary Patent and the Unified Patent Court. In 2017, they published the first edition of the current book. In this second edition of the book, they now present a comprehensive description of all aspects of this new patent and enforcement system. This book not only describes in detail all the provisions regarding the new patent and the new court, but also explains the history and the rationale behind certain choices. This book unravels all legal texts regarding the Unitary Patent and the Unified Patent Court, including the Rules of Procedure and all other Rules governing the Unitary Patent and the Unified Patent Court. This book also includes flowcharts summarizing the important phases of the proceedings before the Unified Patent Court. For its deeply informed insights into the practical functioning of this revolutionary new patent and litigation system, this extraordinary book is a must-have on the bookshelf of anyone involved or interested in European patenting.
Download or read book Unified Patent Protection in Europe written by Winfried Tilmann and published by Oxford University Press. This book was released on 2018-07-19 with total page 1832 pages. Available in PDF, EPUB and Kindle. Book excerpt: The creation of the Unified Patent Court (UPC) is the most prominent change in the European legal landscape for the last four decades. This book explains how the new system works in practice and how to make the best use of its provisions. It offers readers an in-depth and comprehensive commentary on the legal mechanisms of the upcoming ratified European Patent Law, and advice on potential problems that users of the forthcoming regulations may face. The book first describes the creation of the Unified European Patent Law and how its four new legislative texts interact. The new legislative texts are then explained and commented on in detail, rule by rule, with diverse approaches and perspectives from a practitioner team comprising patent litigators, European patent attorneys, law professors and patent judges. The Commentary takes into account the practical needs of users of the new system on both the prosecution and enforcement sides, addressing substantive and procedural problems. This book is the most authoritative text on the Unitary Patent and Unified Patents Court, and an invaluable tool for practitioners in this rapidly developing area of law.
Download or read book Enhanced Cooperation A Proper Approach to Market Integration in the Field of Unitary Patent Protection written by Matthias Lamping and published by . This book was released on 2015 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt: The article provides a comprehensive analysis of the constitutional foundations of, and limitations to, enhanced cooperation (see Article 20 TEU and Articles 326 to 334 TFEU) by taking the negative example of the European patent with unitary effect - the unitary patent. Enhanced cooperation provides an integration alternative to Member States that are eager to further the construction of Europe and would otherwise be slowed down by Member States that are not yet willing or capable of committing themselves to that step. Despite common wisdom among lawyers, it is not about overcoming negotiation blockades. Differentiated integration can only be reconciled with the principles of cohesion, solidarity and loyalty if it is based on general consensus. The Member States must thus agree that differentiation is an acceptable and temporary solution for the achievement of a common objective. They may disagree about the timing of integration, but never about its content and modalities.
Download or read book Fragmentation and the European Patent System written by Karen Walsh and published by Bloomsbury Publishing. This book was released on 2022-08-11 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an in-depth study on current perceptions of, and responses to, fragmentation in the European patent system (EPS). For decades, attempts have been made to address this fragmentation by introducing a unitary patent system. The most recent attempt, the EU unitary patent system, will be the first of its kind. It is expected to significantly change the EPS. However, rather than reducing existing fragmentation, it will likely add to it. Based on an analysis of the current and forthcoming system, the book argues that the inherent nature of fragmentation within the EPS needs to be recognised and suggests that a multifaceted approach is required to respond to it. Uniquely, it draws on work regarding fragmentation outside of the patent and intellectual property regimes, gaining insights from both European law-making and the international legal system. These insights are used to investigate current responses to fragmentation in the EPS. Interpretations of substantive patent law are examined, including claim construction (Actavis v Eli Lily), exceptions to patentability related to uses of human embryos for industrial or commercial purposes (WARF, Brüstle, ISCC), and products resulting from essentially biological processes (Broccoli and Tomatoes II, G3/19). Attempts towards convergence in these areas have had mixed results and in some instances fragmentation may be necessary. However, similar techniques to those applied in the international legal system to respond to fragmentation are being used in the EPS, and, where this is seen, it has been to good effect. It is argued that these methods should be recognised, structured, and promoted to make our response to fragmentation more effective. Fragmentation and the European Patent System will be of interest to academics, students and practitioners looking for a new perspective on the EPS.
Download or read book Harmonizing Patent Law written by Hanns Ullrich and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: To the difference of trademarks and designs, protection of patents in Europe essentially rests on national law only. The 'European patent' as granted by the European Patent Organization through the European Patent Office, while internationally uniform as to the conditions of the grant, represents but a 'bundle' of as many independent national patents as have been asked for by the applicant. As a consequence, the terms of the exclusive right, which they confer upon their owner, are determined by the various national laws. It is to remedy this territorially fragmented and more or less diverse protection, that since about half a century the European Union attempts to establish an autonomous system of unitary patent protection of its own design, but has failed to achieve it whichever way it chose. The stumbling blocks have been not so much the proper determination of the substance of protection, since only little efforts of modernization have been undertaken. Rather, they were the choice of the language regime for the patents granted, and the establishment of a common patent litigation system. Both obstacles have a history of their own. While the latter is still evolving, the former actually has blocked the introduction of an EU-wide unitary European Union (ex Community) patent. Instead, a 'European patent with unitary effect' is about to come, which will cover only the territories of those EU Member States, which will participate in 'enhanced cooperation' within the Union, most likely a majority of 25 States. Switching from the entire Union to enhanced cooperation was, indeed, the not unwelcome opportunity not only to overcome the language hurdle, but also to modify the very structure of patent protection, and to try to move from a Union type of patent to an international one. The paper is concerned with, first, why the language regime could become or could be made a reason to move from a Union project to one of enhanced cooperation among “the willing”; second, with whether enhanced cooperation is a proper approach at all under Union law; third, with the problematic structure and nature of the 'European patent with unitary effect'; and fourth, with the no less problematic co-existence of an up-graded European patent as it will result from the eventual adoption of an 'Agreement on a Unified Patent Court' to be concluded among EU Member States only. The conclusion is that instead of obtaining a workable system of patent protection in Europe, we will have to face a multi-layer monster system of patents of all kinds, national, full and half European, Unionist, territorially fragmented or unitary, balanced or unbalanced in their substance.
Download or read book The Unitary Patent Package Unified Patent Court written by Alan Strowel and published by . This book was released on 2023-05-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As of 1st of June 2023, after years of negotiations, setbacks and postponements, the Unitary Patent Package (UPP) enters into force: the European patent with unitary effect (EPUE) becomes a reality and the Unified Patent Court (UPC) starts its activities. Regrettably, the patent regime put in place is not a genuine EU system. Adopted through an enhanced cooperation procedure, it firstly does not include all EU Member States. Secondly, the conditions and the procedure for granting EPUE is in the hands of the European Patent Office, an international organization to which EU is not a party. Lastly, the substantive provisions and the litigation proceedings are defined by an international treaty (the UPC Agreement) to which EU is not a member, and by national laws for the remaining aspects. Such system carves patent law out of the EU legal and judicial orders and reduces the roles of the EU Parliament and Court of Justice. Challenges are numerous in terms of complexity, harmonization objectives, legality, business advantages and wider societal, economic and legal concerns, to name a few. With twenty-eight contributions from academics and practitioners, this book starts with putting the new system into historical, comparative and institutional contexts (Part I) before highlighting some issues under EU law and the perspective of EU integration (Part II). The institutional, jurisdictional and procedural questions raised by the UPC are then addressed (Part III), as well as the innovation and markets issues (Part IV). The last contributions discuss possible improvements and alternatives to the Unitary Patent Package (Part V). Foreword by Melchior Wathelet, former Judge & former First Advocate General CJEU, professor of European Law.
Download or read book The Penguin Companion to European Union written by Anthony Teasdale and published by Penguin UK. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of this book is on the fifteen-member European Union but its coverage extends to many other bodies which form part of today's Europe, such as the Council of Europe, the European Economic Area and Western European Union.
Download or read book Enhanced Cooperation and European Tax Law written by Caroline Heber and published by Oxford University Press. This book was released on 2021 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores the hybrid nature of enhanced cooperation law between the law of single Member States and secondary EU law. Furthermore, it identifies the limits to and challenges of enhanced cooperation law-making, and explains how State aid law provisions should be applied to enhanced cooperation laws. The book also develops a sophisticated approach to the limits non-participating Member States face in ensuring that their actions do not impede the implementation of enhanced cooperation between the participating Member States.
Download or read book Unitary Patent and the Pending Spanish Cases C 146 13 C 147 13 written by Dimitris Xenos and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Patents in the Knowledge Based Economy written by National Research Council and published by National Academies Press. This book was released on 2003-09-11 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.
