Download or read book The Unitary EU Patent System written by Justine Pila and published by Bloomsbury Publishing. This book was released on 2015-03-26 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to explore the key substantive, methodological, and institutional issues raised by the proposed unitary EU patent system contained in EU Regulations 1257/2012 and 1260/2012 and the Unified Patent Court Agreement 2013. The originality of this work lies in its individual contributions and uniquely broad approach, taking six different (historical, constitutional, international, competition, institutional and forward-looking) perspectives on the proposed patent system. This means that the book offers a multi-authored and all round legal appraisal of the proposed unitary system from experts in patent law, EU constitutional law, private international law, and competition law, as well as leading figures from the worlds of legal practice, the bench, and the European Patent Office. The unitary patent system raises issues of foundational importance in the fields of patent and intellectual property law, EU law and legal harmonization, which it is the purpose of the book to engage with. This is a work which will enjoy wide and enduring interest among academics, policy makers and decision makers/practitioners working in patent law, intellectual property law, legal harmonization, and EU law.
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 European Patent Litigation in the Shadow of the Unified Patent Court written by Luke McDonagh and published by Edward Elgar Publishing. This book was released on 2016-07-27 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the introduction of the Unified Patent Court (UPC) and the new European Patent with Unitary Effect, the European patent litigation system is undergoing a set of fundamental reforms. This timely book assesses the current state of European patent litigation by analysing recently published data on Europe's four major patent jurisdictions - the UK, Germany, France and the Netherlands - and also looks ahead to examine what the impact of the UPC is likely to be on Europe's patent litigation system in the near future.
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 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 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 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 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 New European Patent written by Alfredo Ilardi and published by . This book was released on 2015 with total page 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.
Download or read book A Practitioner s Guide to the Unified Patent Court and Unitary Patent written by Paul England and published by Bloomsbury Publishing. This book was released on 2022-12-01 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Practitioner's Guide to the Unified Patent Court and Unitary Patent provides practical and detailed advice on all aspects of the system for those using it. The book explains how the UPC system works in the context of the wider European patent system, including the UK, and how parties can use it to enforce or revoke European patents and the Unitary Patent, in particular: - The procedures of the UPC from initiating proceedings to appeal, damages and costs hearings; - Rules on competence, substantive law, jurisdiction, language and judges; - The operation of the system alongside the national courts of the contracting countries, the European Patent Office opposition and appeal procedure, and parallel English Patents Court proceedings. The book is written for private practitioners and in-house counsel by a team of patent experts with many years of experience in patent litigation in France, Germany, the Netherlands, and the UK. It provides insights from national approaches to the features above and gives answers to common problems.
Download or read book European Patent Convention written by Alexandru Cristian Strenc and published by Kluwer Law International B.V.. This book was released on 2018-10-23 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property law in the European Patent Convention (EPC), following generally the structure of the legal provisions, with a special focus on the patentability and patenting procedure. The monograph addresses not only the Convention’s core business, but also the work of its coordinating and implementing bodies, the European Patent Organization (EPOrg) and the European Patent Office (EPO). The concise presentation and interpretation of all relevant texts includes those considered “additional” but which, according to article 164(1) EPC, are in fact integral parts of the Convention – the Implementing Regulation and the Protocols on the Interpretation of Article 69 EPC and on Centralisation, Recognition, Privileges and Immunities, and the Staff Complement. Particular attention is paid throughout to issues arising from the relationship between the EPC and other relevant international and European laws and to recent developments and trends, especially in connection with the unitary patent system. The monograph also includes limited but relevant discussion of the historical development of the bases of the European patent system up to the success story of today. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions and scope of protection, ownership, transfer of rights, licenses, scope of exclusive rights, limitations, exemptions, duration of protection, and infringement. A broad selection of EPO case law clarifies in the most adequate way the substance of the European patent system, as directly originating from it. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers and patent attorneys representing parties with interests in the European Patent Convention will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.
Download or read book The Economics of the European Patent System written by Dominique Guellec and published by Oxford University Press on Demand. This book was released on 2007-02 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why does society allow, or even encourage, private appropriation of inventions? When do patents encourage competition, when do they hamper it? These questions and many more are addressed by two eminent scholars in this groundbreaking analysis of the economic foundations of the European patent system.
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 Unitary Patent and Unified Patent Court written by Aloys Hüttermann and published by . This book was released on 2016-12-15 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The European Patent System written by Gerald Paterson and published by . This book was released on 1992 with total page 894 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Practitioner s Guide to European Patent Law written by Paul England and published by Bloomsbury Publishing. This book was released on 2019-10-17 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a team of lawyers with long-standing experience in patent litigation in Europe, this book is a comprehensive and practical guide to European patent law, highlighting the areas of consistency and difference between the most influential European patent law jurisdictions: the European Patent Office (EPO), England & Wales, France, Germany and the Netherlands. It is frequently the case that the decisions and approaches of these courts are cited by European patent lawyers of all jurisdictions when submitting arguments in their own national courts. The book is therefore intended to provide a guide to patent lawyers acting in the national European courts today. The book also looks to the future, by addressing all the areas of patent law for which the proposed Unified Patent Court (UPC) will need to establish a common approach. Uniquely, the book addresses European patent law by subject matter area, assessing the key national and EPO approaches together rather than in nation-by-nation chapters; and provides an outline in each chapter of the common ground between the national approaches, as a guide for the possible application of European patent law in the UPC.
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.
