European Patent Law

European Patent Law

Towards a Uniform Interpretation

Stefan Luginbuehl

In his detailed study, Stefan Luginbuehl critically examines the latest efforts to establish a common European and EU patent litigation system and suggests possible alternatives to such a system.

Chapter 5: The European Patent Court Based on the Proposal of the Working Party on Litigation of the European Patent Organisation

Stefan Luginbuehl

Subjects: law - academic, comparative law, european law, intellectual property law

Extract

HISTORY AND DEVELOPMENT I. At the invitation of the French government1, an Intergovernmental conference of the contracting states to the EPC was held in Paris on 24 and 25 June 1999. Background for the initiative was the launching of the 1997 Green Paper of the European Commission on the Community patent and the patent system in Europe2 which motivated France to tackle the existing deficits of the European patent system3. Among other things4, the conference mandated a Working Party on Litigation (WPL)5, jointly chaired by Germany, Luxembourg and Switzerland, to ... ● define the terms under which a common entity could be established and financed to which national jurisdictions can refer, with a view to obtaining advice, that part of any litigation relating to validity and infringement. ● present a draft text for an optional protocol to the EPC which, with regard to litigation concerning European patents, would commit its Signatory States to an integrated judicial system, including uniform rules of procedure and a common court of appeal . . .6 A. The First Phase The WPL held three meetings from autumn 1999 to late spring 2000. 1 2 3 4 5 6 Cf. Casalonga, Le contentieux futur, 253. Cf. Chapter 6, I.A. The first phase. Cf. Grossenbacher, 140. Cf. also Chapter 1, I.C. Demand for specialised patent courts. The WPL is comprised of all EPC contracting states. Cf. 1999 O.J. EPO, 548. 185 LUGINBUEHL PRINT.indd 185 28/01/2011 10:01 186 European patent law At its first meeting in Lucerne on 14 and 15...

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