EU – ECJ will decide on European Patent Court System

Posted: May 16th, 2010

ECJ will decide on European Patent Court System, EPLAW Information, prepared by Winfried Tilmann, Hogan Lovells

"On May 18, the European Court of Justice (ECJ) will hold an oral hearing on the request of the Council of the European Union for an Opinion on the compatibility of the proposed European Patent Court System with European Treaty Law. Art. 300 (6) TEC(Nizza) and Art. 218 (11) TFEU(Lisbon) give to the Council the right to obtain the opinion of the Court as to whether an agreement envisaged is compatible with the European Treaties. The Council, in June 2009, had requested such an opinion regarding a draft-agreement on a patent court for European and Community Patents, for which he had reached Conclusions on December 4, 2009."

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