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Difference between revisions of "Unified Patent Court"

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The '''Community Patent''' was proposed by the [[European Commission]] in 2000Since the Lisbon Treaty, it's referred to as the '''EU Patent'''.<ref>http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/1714&format=HTML&aged=0&language=EN&guiLanguage=en</ref> It 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.
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The '''unitary patent''' is an EU proposal to make a single patent, valid in many EU member states.  This seems to require creating a central courtThis proposal takes over from the '''Community Patent''', which since the Lisbon Treaty is sometimes called the '''EU Patent'''.<ref>http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/1714&format=HTML&aged=0&language=EN&guiLanguage=en</ref><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>
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The unitary patent is an attempt at [[unifying Europe's patent systems]], with all the usual dangers.
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==Background: Community Patent (2000-2010)==
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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: [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].
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==Relation to the ECJ==
 
==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]]:
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According to European Commissioner Charlie McCreevy, May 18th 2006, the Community Patent would give the EU Court of Justice authority in interpreting the [[EPC]]:
  
 
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Revision as of 14:26, 3 February 2011

The unitary patent is an EU proposal to make a single patent, valid in many EU member states. This seems to require creating a central court. 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.

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.

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]

Related pages on ESP Wiki

External links

Background

References