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 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 2017-09-25 with total page 416 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 European Court of Justice, the Rules of Procedure of the Unified Patent Court were subject to extensive debates, the Brexit referendum slowed down the ratification process, etc. Nevertheless, the unitary patent package appeared to be a survivor. The exact date when the Unified Patent Court will open its doors and the first Unitary Patent will be registered is still unclear. But observers agree that both projects will most likely become operational in 2018. From that moment on, companies, research institutions, and individuals will be able to obtain not only a patent title with immediate effect in (eventually) twenty-five EU Member States, but also a court decision on (for example) infringement or validity of a European or Unitary Patent with effect in the participating Member States. The authors of this book, one being a lawyer who had a hand in the legal texts of the Unitary Patent and the other being a reputed Belgian intellectual property appeal judge, were the first in 2013 to publish an introduction to the Unitary Patent and the Unified Patent Court. The current book is no longer an introduction but provides you with a comprehensive analysis 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 difficult implementation phase of the project. This book unravels all legal texts regarding the Unitary Patent and the Unified Patent Court, including the Rules of Procedure and all other Rules prepared by the Select Committee (for the Unitary Patent) and by the Preparatory Committee (for 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 expected practical functioning of this revolutionary new patent and litigation system, this work is a peerless contribution that will ensure the most effective practice as this new regime begins. 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 2018-07-04 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 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 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 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 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 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive overview of European Patent Law. It presents a critical analysis of the European patent law system and the proposed changes to it. The book explores the strengths and weaknesses of the European Patent Convention, and the interaction between the national and the European level, as well as across borders.

Download or read book Judicial Coherence in the European Patent System written by Baldan, Federica and published by Edward Elgar Publishing. This book was released on 2022-06-14 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book examines the judicial governance of the patent system in Europe and beyond, and looks at mechanisms for enhancing coherence. Federica Baldan investigates the challenges to judicial coherence which may arise after the establishment of a specialised patent court in Europe.

Download or read book The European Union and International Dispute Settlement written by Marise Cremona and published by Bloomsbury Publishing. This book was released on 2017-09-07 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph explores the connections between the European Union and international dispute settlement. It highlights the legal challenges faced by the principal players in the field: namely the EU as a political actor and the Court of Justice of the EU as an international and domestic judiciary. In addition, it places the subject in its broader context of international dispute settlement, and the participation of the EU and its Member States in international disputes. It focuses on horizontal and cross-cutting themes, bringing together insights from the different sectors of trade, investment and human rights, and offering a variety of perspectives from academics, policymakers and practitioners.

Download or read book Commentary on the EU written by Marcus Klamert and published by . This book was released on 2019-05-02 with total page 2513 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, offering a quick reference to the provisions of the Treaties and how they are interpreted and applied in practice. Written by a team of contributors drawn from the Legal Service of the European Commission and academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, and a structured commentary on the Article itself. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects.

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 EU Constitutional Law written by Koen Lenaerts and published by Oxford University Press. This book was released on 2021-12-17 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is a comprehensive textbook of EU constitutional law, setting out the structure, values, procedures, and policies of the European Union. It is a first point of reference for issues of EU constitutional law. The book encompasses six major parts. It contains an extensive analysis of the key constitutional principles governing the exercise of competences by the Union and the balance of power between the Union and its Member States, followed by an in-depth anaylsis of EU citizenship and the four freedoms, followed by an overview of the main internal and external policy domains. The third part addresses the role and workings of the various institutions (European Council, Council, European Parliament, Commission, European Court of Justice, and European Central Bank), the position of the Member States of the Union, and various other institutional matters. Part four explores the various decision-making processes, addressing not only the legislative and executive decision-making, but also the budget, CFSP, and external action. The fifth part looks at the legal instruments and the position of EU law in the EU and national legal orders, with an attention to the key principles of primary and direct effect, and the role of fundamental rights and the Charter of Fundamental Rights. The final part sets out the complete and coherent system of judicial protection in the European Union, offering an overview of the various courses of action before the EU courts and in the national legal orders to enforce EU law or to obtain judicial protection.

Download or read book The EU Treaties and Charter of Fundamental Rights A Commentary written by and published by Oxford University Press. This book was released on 2024-08-07 with total page 3034 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of The EU Treaties and the Charter of Fundamental Rights: A Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, to reflect the latest developments in the law since publication of the first edition in 2019. It offers a quick reference to the provisions of the treaties, how they are interpreted and applied in practice, and to the most important legal instruments enacted on their basis. The fully-updated Commentary considers key developments in all areas of EU law, including the debates and requirements around the Rule of Law, legal decisions in relation to the Covid-19 pandemic, climate change measures such as the European Green Deal, as well as recent changes to the Common Agricultural Policy. It also includes significant court rulings on freedom, security and justice, migration and asylum, as well as issues relating to freedom of movement and Brexit. The new edition outlines the Digital Markets Act, a major piece of legislation adopted in 2022 and contains significant updates on EU competition law in the light of new Regulations and Guidelines. Written by a team of contributors drawn from the Legal Service of the European Commission and from academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties, secondary law, and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, followed by a structured commentary on the Article. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects.

Download or read book Legal Risks in EU Law written by Emilia Mišćenić and published by Springer. This book was released on 2016-04-13 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union’s approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States’ laws, which create barriers to trade and hinder the Union’s economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union’s smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.

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 Finance Law and the Courts written by Marco Lamandini and published by Oxford University Press. This book was released on 2024-02-08 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: Finance, Law, and the Courts offers a comprehensive legal treatment of finance's regulatory sources and complex problems. Drawing from European and US case law, the book demonstrates that law and the courts provide finance with the certainty it needs to operate and the elasticity it needs to evolve.

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.