Only a few months away from the single European patent space

From left to right: Viviane Reding, Vice President of the European Commission, responsible for Justice, Fundamental Rights and Citizenship and Juozas Bernatonis, Lithuanian Minister of Home Affairs. Lithuania presently holds the EU rotating Presidency in the Council. (Council of the European Union photographic library, 06/12/2013).

From left to right: Viviane Reding, Vice President of the European Commission, responsible for Justice, Fundamental Rights and Citizenship and Juozas Bernatonis, Lithuanian Minister of Home Affairs. Lithuania presently holds the EU rotating Presidency in the Council. (Council of the European Union photographic library, 06/12/2013).

In a major breakthrough development for EU’s internal market, the EU Justice Ministers agreed yesterday on a Commission proposal, to complete the legal framework of one pan-European patent universe. The key point in this draft regulation is that the rulings of the Unified Patent Court will be recognised in the legal systems of all signatory member states. The UPC was created on 19 February 2013 when 22+3 EU member states signed the international agreement establishing the Unified Patent Court (UPC).

The agreement for the creation of the UPC was based on an early EU law, called the ‘Brussels I Regulation’. According to the plans, all the necessary decisions (designation of committees, budget, appointment of judges and president, recruitment of staff, facilities, etc.) should be adopted in a manner so as to enable the first registration of a European patent title with unitary effect in spring 2014.

One patent jurisdiction

Yesterday’s agreement in the EU Ministers of Justice Council will enforce the decisions of this court on all the EU member states. The court will have specialised jurisdiction in patent disputes, avoiding multiple litigation cases in up to the 28 different national judicial systems. This will cut costs and lead to swift decisions on the validity or infringement of patents. It is part of a package of measures recently agreed to ensure unitary patent protection in the Single Market.

The European Sting has followed this issue closely. Sting writer Elias Lacon reported on 20 February, “The Central Division of the Court of First Instance will be in Paris…thematic clusters will be created in two sections of the Central Division, one in London (chemistry, including pharmaceuticals, classification C, human necessities, classification A) and another in Munich (mechanical engineering, classification F). The Court of Appeal with the Registry will be in Luxembourg and the Patent Mediation and Arbitration Centre will have two seats: in Lisbon (Portugal) and Ljubljana (Slovenia)”.

One Court

The next step in this long line of approvals of the UPC will be the vote of this last draft Commission Regulation in the European Parliament, before it can become law. The Parliament’s Legal Affairs (JURI) Committee is expected to vote on its report in February 2014, with a final plenary vote expected in the following month.

After yesterday’s agreement by the Justice Ministers, Michel Barnier, Internal Market Commissioner, commented: “Another decisive step has been made towards the Unitary Patent package becoming a reality, and the Unified Patent Court ensuring much greater consistency in the way patent litigation is conducted in the EU”.

As things stand now, there is an existing single European patent but it is not a unitary title. It is a ‘bundle’ of national patents with no single jurisdiction for disputes. Any proceedings in relation to “bundled” European patents may be subject to diverse national laws and procedures. When the UPC will become operational, the first ‘unitary’ patents can be granted in a short timeframe. Neither does it need to be administered in each and every state – there will be one single jurisdiction under the new Court. In this respect the unitary patent will be a single title not requiring validation or translation in other participating member states.

Apart the problems and costs of multiple litigations in many member states, in order to defend or contest a patent, translation has been adding to costs and time-consuming procedures. In the new environment translation will be no problem at all. Of course the Court and the ‘unitary patent’ will be operational only in a few EU languages, Italian and Spanish not included. Probably for this reason, those two countries didn’t sign last February the agreement establishing the UPC. In any case all the other EU countries are to participate from the beginning in the new single European patent space.

 

Advertising

Advertising

Advertising

Advertising

Advertising

Advertising

Advertising

Advertising

Advertising

Advertising

the European Sting Milestones

Featured Stings

These campaigners want to give a quarter of the UK back to nature

How to build a more resilient and inclusive global system

Stopping antimicrobial resistance would cost just USD 2 per person a year

Fossil fuel support is rising again in a threat to climate change efforts

Hiring more female leaders is good for profits. Here’s the evidence

We won’t win the online security war without people power

Alcohol abuse kills three million people a year, most of them men – WHO report

FROM THE FIELD: Rohingya babies conceived out of ‘incomprehensible brutality’

Europe’s dirty air kills 400,000 people every year

Vienna has the world’s best quality of living

EU Budget: InvestEU Programme to support jobs, growth and innovation in Europe

The EU finally seizes the opportunity to support the sharing economy?

The secret weapon in the fight for sustainability? The humble barcode

Drinking water: new plans to improve tap water quality and cut plastic litter

ECB should offer more and cheaper liquidity if Eurozone is to avoid recession

Eurozone again whipped by Greek winds

The US reject EU proposal for prudential financial controls

Eurozone: Uncertain future with unemployment ravaging the South

These five exercise trends will help society and your health

Chauvinism and xenophobia will lead to global assertiveness and more wars

North Sea fisheries: MEPs back EU plan to sustain stocks of demersal species

Reality Shock

European Semester Autumn Package: Bolstering inclusive and sustainable growth

Catalonia secessionist leader takes Flemish ‘cover’; Spain risks more jingoist violence

Satellites and data are going to help us phase out fossil fuels. Here’s how

EU migrant crisis: Germany, France and UK to show the way. Will the rest of the EU follow?

Brexit poses ‘particular risk’ to British people in poverty: UN independent expert

Civil protection: Parliament strengthens EU disaster response capability

MEPs approve boost to workers’ rights in the gig economy

“For my children Italy will be an innovation lab and not a museum”; the Sting reports live from World Economic Forum 2015 in Davos

Brexit: Only Corbyn and May in concert can make the needed compromises

Ebola in DR Congo: UN chief ‘outraged’ by recent killings of civilians and health workers

EC v Samsung: A whole year to compile a case

8 things we need to do to tackle humanitarian crises in 2019

German and French bankers looted the Irish and Spanish unemployed

UN chief lauds Fijians as ‘natural global leaders’ on climate, environment, hails ‘symbiotic relationship’ with land and sea

Tackling terrorism: MEPs approve tighter rules on homemade explosives

3 ways to use digital identity systems in global supply chains

European Commission recommends common EU approach to the security of 5G networks

With 10 million Yemenis ‘one step away from famine’, donors pledge $2.6 billion

Italy’s M.Renzi and Germany’s S. Gabriel veto austerity, ask EU leaders to endorse growth measures

Parliament: No consent to EU budget until €11.2 billion unpaid bills are settled

Syria: UN chief warns Idlib offensive may set off ‘humanitarian catastrophe’

Venezuela: Competing US, Russia resolutions fail to pass in Security Council

Climate Change: A Healthcare Emergency

Youth unemployment: think out of the box

Where labour costs the most (and least) in the European Union

How China raised the stakes for electric vehicles

Mali’s ‘self-defence’ groups must face justice, after deadly intercommunal attacks

Asylum seekers in Sri Lanka fear for their safety, in wake of Easter Sunday terror attacks

Indonesia’s imams are joining the fight against plastic bags

Miguel Arias Cañete European Commission

EU should invest more in climate and not sit back on its laurels and watch

European Youth Forum demands immediate action & binding agreement on climate change

Juncker’s Investment Plan in desperate need for trust and funds from public and private investors

MEPs urge the EU to lead the way to net-zero emissions by 2050

It’s time to switch to a four-day working week, say these two Davos experts

As the year closes out, UN political chief talks the art of diplomacy – and crises to watch in 2019.

Act now to end violence, Zeid urges Nicaraguan authorities

Rule of Law: Commission launches infringement procedure to protect the independence of the Polish Supreme Court

There’s a global learning crisis and it’s leaving millions without basic skills

Exchanges of medical students and the true understanding of global health issues

Businesses succeed internationally

These 4 trends are shaping the future of your job

More Stings?

Speak your Mind Here

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s