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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)
(Relation to the ECJ: format)
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''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''<ref>http://www.europarl.europa.eu/sides/getAllAnswers.do?reference=P-2006-1625&language=EN</ref>
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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<ref>http://www.europarl.europa.eu/sides/getAllAnswers.do?reference=P-2006-1625&language=EN</ref>
 
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Revision as of 11:56, 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.

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

External links

Background

References