Posted: November 7th, 2011
Opinion on the proposal to create a Unified Patent Court and Unitary Patent, The Rt. Hon. Professor Sir Robin Jacob, Institute of Brand and Innovation Law UCL Faculty of Laws, 2 November 2011
"I write to give my opinion on a key aspect of the proposal to create a Unified Patent Court and a Unitary Patent. As will be known the plan is for an international agreement, a Statute for the Court and an EU Regulation. It is aspects of the latter which give rise the matters on which I express my opinion. In particular it is those aspects of the proposed Regulation which make EU law govern substantive patent law. They are contained in Arts 6-8, reproducing Arts 25-27 of the, failed, Community Patent Convention of 1989.
"Clearly if these provisions are contained in a Regulation they will become part of EU law and thus subject to the obligation on the proposed new court of submitting questions of interpretation to the Court of Justice of the EU. Two questions arise (a) are Art. 6-8 necessary as a matter of EU law and (b) are they desirable?"
Read the entire opinion here.