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 6: The Patent Court for Europe Based on the Proposals for an Agreement on the European and EU Patents Court (EEUPC)

Stefan Luginbuehl

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


HISTORY AND DEVELOPMENT I. The lack of success in realising a Community patent and a COPAC with the CPC left a remarkable gap in the European patent system and the single market for the European Union1. The European Commission therefore took a new initiative to create a Community patent, or EU patent as it is called since the entry into force of the Lisbon Treaty. On the one hand, intellectual property had, in the meantime, become an internal economic policy issue because of the adoption of the TRIPs Agreement, and on the other hand, it was re-discovered as an instrument of innovation policy2. In the action plan for innovation in Europe in 1996, the Commission announced that it would prepare a Green Paper on the issue of the EU patent and the patent system in Europe. The European Commission had already at that time made it clear that the CPC was no longer relevant to the changing requirements and the construction of Europe3. This new approach for an EU patent and an EU patent jurisdiction could be split into four periods, the last one with an open end. A. The First Phase The European Commission published the Green Paper with a questionnaire on the European patent system in 1997, only half a year after its announcement4. Cf. Leardini, 324; 325–326. Cf. Ullrich, Integrating, 10. 3 Cf. The First Action Plan for Innovation in Europe of 20.11.1996, COM(1996) 589 final, 34. 4 Cf. CP Green Paper. 2 1 252...

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