EPLAW PATENT BLOG

EUCJ – Little Hope for an EU Patent Court after the CJ Opinion

Posted: April 5th, 2011

Dr Pagenberg Little Hope for an EU Patent Court after the CJ Opinion, by Jochen Pagenberg

"After the Opinion of the Advocates General of July 2, 2010 in the case 1/09 which had come to the conclusion that the Proposal for an Agreement on a combined court system for EPC and EU patents is incompatible with the EU Treaties , now the European Court of Justice (CJ) has spoken. The Opinion comes to the conclusion that

The envisaged agreement creating a unified patent litigation system (currently called ‘European and Community Patents Court’) is not compatible with the provisions of the EU Treaty and the FEU Treaty.

In its reasoning the Court challenges some of the corner stones on which the Draft Agreement of 23 March 2009 was built. The Opinion seems to request a court which would have little in common with the court envisaged in the Draft Agreement. It is therefore doubtful whether such drastic modifications as they would be required would still be attractive for the users."

Read the entire article here.

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