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Edited by Marc Hertogh and Richard Kirkham
Walking a Labyrinth
Edited by Eljalill Tauschinsky and Wolfgang Weiß
Eljalill Tauschinsky and Wolfgang Weiβ
Copyright law is only partially harmonised in the European Union. Over the last few years, however, the Court of Justice has begun to develop a more fully articulated body of copyright rules. In doing so, it has increasingly been guided by the apparent requirements of the Charter of Fundamental Rights, a development described by some as ‘constitutionalisation’. This chapter sketches this process and considers how far it might be carried. Could it lead to (i) a more fully harmonised set of exceptions and limitations at Union level or (ii) the recognition of additional rights for authors and other right-holders?
This chapter analyses the advantages and challenges of having technical judges in patent litigation. The inclusion of technical judges is intended to enhance quality in patent adjudication and raises institutional and systemic questions. Technical judges of the Unified Patent Court will have equal legal standing to legal judges and will be involved in the adjudication process from beginning to end. Therefore, in addition to developing an excellent knowledge of the rules of procedure, they must acquire a sound understanding of fair trial principles and the interface between patent law and the broader legal order.
Stefan Luginbuehl and Teodora Kandeva
Through the iterations of establishing a common European Patent Court, one important aspect has been the role of the Court of Justice of the European Union (CJEU). This chapter provides a historical overview of the stages of establishing a European Patent Court system focusing on the varying degrees of involvement of the CJEU and its final role provided for in the Agreement on a Unified Patent Court.
The Honorable Kathleen M O’Malley and The Honorable Barbara M G Lynn
The European Union’s first centralized patent court, the Unified Patent Court (UPC), is currently awaiting ratification. This chapter provides some brief insights on the structure of patent litigation in the United States in the hope that the US experience might inform development of the UPC.
Cees Mulder and Marcus Müller
Appeal proceedings before the boards of appeal form the last step in the grant and opposition proceedings before the European Patent Office. If a European patent application is refused by an examining division or if the outcome of opposition proceedings is not to the liking of one of the parties, they can lodge an appeal. The main function of appeal proceedings is to give a judicial review of the first instance decision taken by the examining or opposition division. In this chapter the case law of the boards of appeal of the European Patent Office on procedural aspects of appeal proceedings is discussed.
The Community Plant Variety Office is a decentralized Community agency, with legal personality and its own financial resources. As it can adopt individual decisions limited to specific areas of the system of Community plant variety rights, Boards of Appeal (BoA) have been established within the Office. This chapter describes how the BoA are constituted, and their scope of competence.