CNS/2003/0326
From Euwiki
Community patent: jurisdiction on the Court of Justice in disputes change log oeil
http://www.consilium.europa.eu/uedocs/NewsWord/en/intm/111732.doc
Contents |
Council enhanced patent system in Europe
http://www.erikjosefsson.eu/sites/default/files/Council_enhanced_patent_system_in_Europe.pdf
notes:
- points 10-12: the entire idea of a specialised European and EU Patents Court is flawed. Patent litigation should be kept at standard courts, to minimize "tunnel vision". Limited scope in judgements will eventually illegitimize the results of the judgements. See also http://firstmonday.org/htbin/cgiwrap/bin/ojs/index.php/fm/article/view/828/737
- points 21-23: languages of procedure will effectively turn into English, French and German :) Possibly Dutch.
- point 29, 31: what is the point of a court being self-financing? INVESTIGATE: self-financing in patent offices - disaster! courts should not have to take into account financing themselves, but be concerned with upholding the legislation and representing impartiality.
National Patent Office qualified by ESS -> NPO enhanced partnership with EPO -> efficiency!
Enhanced Partnerships
points 30-37 http://www.sipf.se/admin/photo/big/EUdokument/DraftCouncilconclusions29092009.st13705.en09.pdf
Enhanced Partnerships within the framework of a Community patent make little sense: why investigate and dedicate a lot of time into working out a solution for NPOs and EPO when you want to establish an EU Patent?
European Standards of Search
all document http://register.consilium.europa.eu/pdf/en/09/st12/st12342.en09.pdf
point 11: "member states are invited to reflect on these proposals" -> some form of campaign against national parliaments/governments?
http://www.dagensjuridik.se/sv/Artiklar/2009/12/Europeisk-patentdomstol-drojer/
Proposed Point of View
Related Dossiers
Industrial property: Community patent
Community patent: establishing a Court, appeals before the Court of First Instance
