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Unitary patent - previously called Community Patent
From en.swpat.org
The unitary patent (Unipat) is an EU proposal which involves creating a new, pro-patent court which would deal with patent litigation instead of the national courts. The proposal also involves creating a single patent which would be valid in many EU member states, without translation. This proposal takes over from the Community Patent, which since the Lisbon Treaty is sometimes called the EU Patent.[1][2]
The unitary patent is an attempt at unifying Europe's patent systems, with all the usual dangers.
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[edit] Background: Community Patent (2000-2010)
The Community Patent was proposed by the European Commission in 2000 as "Rule of the Council" document number 2000/0177 (CNS), COM(2000)412 FR final.
On October 30th 2009, a new proposal was published: Axel Horns' overview.
[edit] Relation to the ECJ
According to European Commissioner Charlie McCreevy, May 18th 2006, the Community Patent would give the EU Court of Justice authority in interpreting the EPC:
an important feature of the proposed Community patent system is the accession of the Community to the EPC. By this, the convention becomes part of the Community acquis and subject to interpretation by the European Court of Justice (ECJ). The ECJ is not bound by the case law developed by the EPO and is free in its interpretation of the provisions of the EPC[3]
[edit] Hidden agenda: empower pro-software-patent judges
By creating a court with patent lawyers as judges, this proposal will lead to a set of rulings in favour of expanding patent law (giving a "maximal" interpretation of the law). This is how software patents came into existence in the USA via the creation of the CAFC in 1982.
Even if the European Court of Justice would have jurisdiction to review the new court's rulings, we might see the principle of settled expectations causing the European Court of Justice to follow the new court.
[edit] Related pages on en.swpat.org
- Unified European patent jurisdiction overview
- United Patent Litigation System
- European Patent Litigation Agreement
[edit] External links
- Proposal for a Council Regulation on the Community patent - Revised text - October 2009
- July 2009: Towards an Enhanced Partnership between Patent Offices under the Community Patent - European Standard for Searches
- http://register.consilium.europa.eu/pdf/en/09/st13/st13317.en09.pdf (haven't read it yet)
- www.Unitary-Patent.eu
- A presentation about the unitary patent (video), unitary-patent.eu
- Beware: Europe's 'unitary patent' could mean unlimited software patents, 22 Aug 2011, Richard Stallman
[edit] Background
- Harmonisation of Intellectual Property in Europe, 1998, by Philip Leith
- Wikipedia: Community patent
- DigitalMajority: "Council seeks to legalise software patents with the Community Patent" says French expert (François Pellegrini)
- 2001: EuroLinux Position on the Community Patent (archive.org copy)
- 2000: Analysis of the Community patent, by EuroLinux (archive.org copy)
[edit] References
- ↑ http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/1714&format=HTML&aged=0&language=EN&guiLanguage=en
- ↑ "Brussels event about patents". http://www.premiercercle.com/sites/ip2010/overview.php. "The Community Patent, now renamed EU Patent, has made too little progress"
- ↑ http://www.europarl.europa.eu/sides/getAllAnswers.do?reference=P-2006-1625&language=EN
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