Achievements and New Perspectives
Edited by Christophe Geiger
Chapter 3: The legal framework of the legislative activity concerning intellectual property rights at European regional level
In this chapter I shall try to present the legal framework in which most of the legislative activity concerning IP rights takes place at European regional level. This legal framework is the result of a development characterized in a first phase by a traditional intergovernmental approach, followed from 1980 onwards by a growing European Communities (EC), later on European Union (EU), legislative approach. The most important part of this activity has been and is being carried out today in the framework of the EC, now EU. The intergovernmental approach, which was at the origin of one of the most successful achievements, the creation of the European Patent Organisation, continues to play some role also today. The two approaches have strongly influenced each other and continue to do so at present, as witnessed by the current initiative to create an international Patent Court to decide actions concerning European Patents and EU patents.
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