European Patent Law
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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.
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Chapter 1: Specialised National Patent Courts

Stefan Luginbuehl


INTRODUCTION It is obvious that a uniform application of European patent law is better ensured if there is a limited number of specialised courts at the national level which deal with the matter1. Specialised courts are courts established by law2 having jurisdiction in certain predetermined legal fields. Such courts aim to reduce the caseload of the common civil courts3 and to relieve general judges of the duty to render decisions in an area of law with which they are unfamiliar because they are hardly ever confronted with it4. Specialised courts should therefore essentially provide for more efficient proceedings – not least since there is a tendency not only for judges to become highly experienced in a certain field of law, but also lawyers – culminating in a more predictable outcome5 and high-quality decisions in special fields of law6. Legal certainty could consequently be improved7. This again ensures the greater confidence of users in the system. It was recognised early on that specialised courts may lead to quicker and more effective8, simpler9 and, in the end, cheaper10 proceedings11. It is therefore no surprise that the call for specialised courts in intellectual property, and especially patent law, was made early on. The International Bar Association (IBA) defines12 a court specialised Cf. also Kropholler, Internationales, 135–137, Linhart, 272–274. Cf. Art. 6(1) ECHR. 3 Cf. IBA, Survey, 26. 4 Cf. Boval, Spécialisation, 52. 5 Cf. IBA, Survey, 25. 6 Cf. Haefliger/Schürmann, 158; Stauder, Verletzungsverfahren, 140. 7 Cf. Brack, 4; Brunner, Verwertung,...

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