The historic accomplishment of a seamless EU patent and intellectual property space

European Parliament. Lex Signing: European Unitary Patent Package. Martin Schulz, EP President (on the right) and Andreas Mavroyiannis, Cypriot Minister for EU Affairs, representing the then Cypriot rotating Presidency of the Council, signing the European Unitary Patent Package. (EP Audiovisual Services 17/1/2/2912).

European Parliament. Lex Signing: European Unitary Patent Package. Martin Schulz, EP President (on the right) and Andreas Mavroyiannis, Cypriot Minister for EU Affairs, representing the then Cypriot rotating Presidency of the Council, signing the European Unitary Patent Package. (EP Audiovisual Services 17/1/2/2912).

The last building block was laid to its place yesterday, accomplishing the construction of the seamless EU commercial patent and intellectual property protection space and the function of the Unified Court. The relevant regulations will be in force as from 15 January 2015. It has to be reminded that in December 2012, an agreement was reached on the so-called “patent package” – a legislative initiative consisting of two Regulations (the “Unified Patent Regulations”) and an International Agreement (the “Unified Patent Court Agreement” or “UPC Agreement”), laying the foundations for the creation of unitary patent protection in the EU.
As the European Sting writer Elias Lacon noted on 20 February 2013 “Once the Agreement enters into force, the signatory countries will form a unified area in terms of patent law and court rulings. Since the 1970s, the EU member states have been in agreement on the necessity of setting up a common system of patents. Today this became possible”.

The Unified Patent Court

The Unified Patent Court will have exclusive competence, replacing national courts, for the matters governed by the UPC Agreement, in reference to litigations on intellectual property and commercial patents. The establishment of the UPC was made possible through “enhanced cooperation”, an EU procedure that sidesteps unresolved differences between member states. If 11 EU member states long for an agreement, they can enforce it in their territory, without the consent of the rest of Union countries. On 19 February 2013, during a Council of the European Union meeting, twenty-two member states opened a new page in the history book of the EU, by signing the international agreement establishing the Unified Patent Court (UPC).

Yesterday the Greek Presidency of the Council reached an agreement with the European Parliament, paving the last part of the road leading to the adoption of the Regulation on jurisdiction, recognition and enforcement of UPC judgements on intellectual property and commercial patent matters. The Regulation can be adopted at first reading after the formal voting in the European Parliament and in the Council. This is the amended Regulation No 1215/2012, also called the Brussels Regulation, clarifying the operation of the rules on jurisdiction with respect to the Unified Patent Court and the Benelux Court of Justice. In addition, it defines the application of the rules on recognition and enforcement in the relations between member states which are and member states which are not signatory parties of the above mentioned international agreement.

From the 1970s to 2015

After 15 January 2015, when the entire “patent package” will be in force, a “unitary patent” will be a single patent which does not require validation or translation into languages of other participating member states. Neither does it need to be administered in each and every state – there will be only one single jurisdiction. The Unitary Patent system will greatly facilitate the acquisition and the protection of a commercial patent all over the territory of 26 EU member states, at the exception of Italy and Spain. In this way even the SMEs will be able to secure an EU commercial patent. The aforementioned two countries have opted out from this new EU Patent and intellectual property arrangement for linguistic reasons. Court litigations and the ‘unitary patent’ will be operational only in a few EU languages, Italian and Spanish not included.

//

the sting Milestone

Featured Stings

Can we feed everyone without unleashing disaster? Read on

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

This is how we can help Australia organize the world’s generosity

Thursday’s Daily Brief: Press Freedom Day, Tuna Day, cultural dialogue, #GlobalGoals awards, updates on Syria, Somalia, Mali

A silent killer: the impact of a changing climate on health

‘Severe’ new US asylum restrictions will put vulnerable families at risk, UN refugee agency says

EU budget: Commission takes steps to make €11.5 billion available for crisis repair and recovery in 2020

UN chief urges India and Pakistan to dial down tensions in wake of Kashmir attack

UN emissions report: World on course for more than 3 degree spike, even if climate commitments are met

UN health agency to gauge global threat, as China confirms coronavirus transmission between humans

Environment Committee MEPs vote to upgrade EU civil protection capacity

What makes us happy? AI scanned 700,000 journal entries to find out

EU-U.S. Privacy Shield: Second review shows improvements but a permanent Ombudsperson should be nominated by 28 February 2019

Gaza: deadly violence continues to escalate, top UN officials work to restore calm

Why this city is paying people to move there

Devastating storms like Hurricane Florence ‘unusual this far north’: UN weather agency

UN General Assembly celebrates 20 years of promoting a culture of peace

YO!Fest back in Strasbourg for the 2nd edition of the European Youth Event – 20-21 May 2016

Japan should reform retirement policies to meet challenge of ageing workforce

45th Anniversary of the French Confederation (Confédération Nationale des Junior Entreprises)

How drones can help rural Africa take flight

‘Unprecedented terrorist violence’ in West Africa, Sahel region

UN human rights chief regrets closure of Burundi office following Government pressure

EU citizens disenchanted with Economic and Monetary Union over rising poverty and high unemployment

UN Security Council hails ‘courage’ of Afghan voters

EU Commission retracts on the Chinese solar panel case

EU investment budget for 2020 must focus on the Europe of tomorrow

How universities can become a platform for social change

Evacuation of wounded Yemenis from rebel-held capital may bolster fresh peace talks

14 ways to protect your mental health in the pandemic, according to Public Health England

The UK remains in the EU until a new Brexit date is set

These photos show some of the world’s smallest things massively magnified

Why a global recession isn’t inevitable

‘New tech’ business model threatens decent work conditions, warns UN

These are the world’s most competitive economies

SMEs turning to alternative financing instruments as growth slows in bank lending

What the future of trust looks like

Use “blockchain” model to cut small firms’ costs and empower citizens, urge MEPs

Coronavirus: First case confirmed in Gulf region, more than 6,000 worldwide

More Germans are swapping planes for trains because of climate worries

Amid ‘unprecedented combination’ of epidemics, UN and partners begin cholera vaccination campaign in DR Congo

Von der Leyen on EU long-term budget: our opportunity to make Europe fit for the future

More solidarity and interaction between generations needed to challenge age stereotypes and ingrained ageism

On the detention of children in the United States of America

Risks rising in corporate debt market

OECD sees global growth slowing, as Europe weakens and risks persist

Western Sahara: a ‘peaceful solution’ to conflict is possible, says UN envoy

Countdown To GSMA Mobile World Congress Shanghai 2018 Is On

North Korean families facing deep ‘hunger crisis’ after worst harvest in 10 years, UN food assessment shows

Civilians ‘continue to pay highest price’ in Ukraine conflict, with peace prospects losing ‘momentum’

Civilians suffering due to sanctions must be spared ‘collective punishment’ urges UN rights expert

A Sting Exclusive: “Regional Policy: a fully-fledged investment policy”, Commissioner Cretu reveals live from European Business Summit 2015

‘We will not give up on looking for peace for South Sudan’: UN deputy chief

LGBTQI+ and health care: do they deserve more attention from medical universities?

A lack of affordable homes is forcing young Britons to live with their parents

NATO summit, Brussels, 11-12/07/2018

GSMA Mobile 360 – Africa on 16-18 July 2019, in association with The European Sting

My unlimited China

Humans have caused this environmental crisis. It’s time to change how we think about risk

Ethiopia is Africa’s fastest-growing economy

Stakeholder capitalism is urgently needed – and the COVID-19 crisis shows us why

The future of suicide and depression prevention

More Stings?

Advertising

Comments

  1. I all the time emailed this web site post page
    to all my friends, since if like to read it after that my links will too.

  2. Greetings from Colorado! I’m bored at work so I decided to check out your blog on my iphone during lunch break.
    I enjoy the information you provide here and can’t wait to take a look when I
    get home. I’m amazed at how fast your blog loaded on my mobile ..
    I’m not even using WIFI, just 3G .. Anyways, fantastic site!

  3. Can I simply just say what a relief to find a person that actually
    knows what they’re discussing over the internet. You definitely understand how
    to bring an issue to light and make it important.
    More and more people have to read this and understand this side of the
    story. I was surprised you’re not more popular since you most certainly possess the gift.

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