Difference between revisions of "Unified Patent Court"
(This may also be referred to as the '''EU Patent''',<ref>{{cite web|url=http://www.premiercercle.com/sites/ip2010/overview.php|title=Brussels event about patents|quote=The Community Patent, now rename) |
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− | The EU's '''Community Patent''', proposed around 2000, was an attempt at a [[unified European patent jurisdiction]]. It was published by the [[European Commission]] as "Rule of the Council" document number 2000/0177 (CNS), COM(2000)412 FR final. | + | The EU's '''Community Patent''', proposed around 2000, was an attempt at a [[unified European patent jurisdiction]]. It was published by the [[European Commission]] as "Rule of the Council" document number 2000/0177 (CNS), COM(2000)412 FR final. This may also be referred to as the '''EU Patent''',<ref>{{cite web|url=http://www.premiercercle.com/sites/ip2010/overview.php|title=Brussels event about patents|quote=The Community Patent, now renamed EU Patent, has made too little progress}}</ref> although that term can also refer to subsequent proposals. |
On October 30th 2009, a new proposal was published: [http://www.ipjur.com/blog2/index.php?/archives/130-EU-Community-Patent-The-Mill-Goes-On-And-On.html Axel Horns' overview]. | On October 30th 2009, a new proposal was published: [http://www.ipjur.com/blog2/index.php?/archives/130-EU-Community-Patent-The-Mill-Goes-On-And-On.html Axel Horns' overview]. |
Revision as of 11:55, 1 December 2010
The EU's Community Patent, proposed around 2000, was an attempt at a unified European patent jurisdiction. It was published by the European Commission as "Rule of the Council" document number 2000/0177 (CNS), COM(2000)412 FR final. This may also be referred to as the EU Patent,[1] although that term can also refer to subsequent proposals.
On October 30th 2009, a new proposal was published: Axel Horns' overview.
Contents
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[2]
Related pages on ESP Wiki
- Unified European patent jurisdiction overview
- United Patent Litigation System
- European Patent Litigation Agreement
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)
Background
- Harmonisation of Intellectual Property in Europe, by Philip Leith 1998 (see: books)
- 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)
References
- ↑ "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