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

How much time has the ‘European Union of last chance’ left?

EU prepares for the worst case scenario as Turkey seems to be withdrawing from the migration deal

UN human rights ruling could boost climate change asylum claims

Costa Rica has doubled its tropical rainforests in just a few decades. Here’s how

Here’s how we need to change global supply chains after COVID-19

High anxiety calls for innovation in digital mental health

5 ways to integrate Syrian refugees into the workforce

How telehealth can get healthcare to more people

The future of international election observation missions

Why cybersecurity matters more than ever during the coronavirus pandemic

DR Congo elections: ‘Excessive use of force’ in campaign must be avoided, says Bachelet

How tech is helping the agriculture sector curb carbon emissions

The EU Commission does nothing about the food retailing oligopoly

Why a coronavirus vaccine takes over a year to produce – and why that is incredibly fast

Humanitarian aid convoy to Syria’s Rukban camp: Mission Accomplished

The Oslo model: how to prepare your city for the electric-vehicle surge

Rising landmine blast toll in Afghanistan highlights long-term care needs of survivors

Have central banks missed the exit train?

This is how the world can get routine vaccinations back on track

China is now heavily endorsing its big investment flow in the Central Eastern European (CEE) countries

Pollution could be harming every part of your body. Here’s how

You’ve heard of 5G, but what about the quantum internet?

How do we build a #sustainableworld?

The Japanese idea of ‘chowa’ – and how Asia can thrive in the future

Good Governance in developing modern quality infrastructure systems

COVID-19 and nature are linked. So should be the recovery.

How people without running water can wash their hands

Sexual exploitation and abuse: latest UN quarterly update

Mexico: UN chief saddened by pipeline blast in which dozens were killed

France is about to start giving free breakfasts to disadvantaged schoolchildren

JADE Spring Meeting 2017– day 1: Excellence awards, panel discussion, keynote speeches

Why developing new antibiotics is a matter of life and death

Would you want to live to 150? Top quotes on what it means to grow old

Germany is the world’s most innovative economy

Chinese “BeiDou” GPS goes to market

DR Congo: Ebola outbreak spreads to eastern ‘no-go’ zone surrounded by rebels

Electronic cigarettes, a better alternative or a well-advertised product

MFF: Commission’s plan “impossible to implement” with Finnish proposal

New General Assembly President brings ‘valuable insights’ into key UN challenges

5 technologies that will forever change global trade

3 leadership lessons from the age of coronavirus

The Changing Scope of International Economic Relations – Chinese Leadership in the 21st Century

ILO discusses world of work response to global refugee crisis

Main results of European Council of 18/10/2018

More Germans are swapping planes for trains because of climate worries

Japan must urgently address long-standing concerns over foreign bribery enforcement

What does strategy have to do with a platform approach?

Czech PM should resolve his conflict of interest as a matter of urgency say MEPs

Eurozone: Retail sales betray economic frailty

IMF: Sorry Greece, Ireland, Portugal we were wrong!

The European Parliament x-rays the troika’s doings

A Young entrepreneur cries out: “start in Europe, stay in Europe”

Is Universal Health Coverage really available for all in the European Union?

Reality Shock

The JADE Spring Meeting is about to begin

From his room with a view, UN chief takes to Instagram with an eye on hope and a brighter future

G20 LIVE: Fact Sheet from the G20 Leaders Summit and key outcomes (G20 Antalya 2015 Summary)

An all-out fight for the EU budget

Myanmar: Conflict resolution at ‘total standstill’, military commanders must answer for crimes against humanity

LUX prize will be awarded jointly by the European Parliament and the European Film Academy

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