Intellectual Property and the Judiciary
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Intellectual Property and the Judiciary

Edited by Christophe Geiger, Craig A. Nard and Xavier Seuba

Intellectual Property and the Judiciary explores the role of the judiciary in the elaboration and interpretation of intellectual property law, exploring how IP doctrine and policy are developed and the manner in which judges construct and apply norms in different court systems. The authors engage in a comparative exploration of various national, European and international judiciaries and appraise the competing and complementary roles of governing bodies. The book offers an examination of both common law and civil law traditions in the context of judicial treatment of intellectual property.
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Chapter 6: The role of the European Court of Justice in the European Patent Court system

Stefan Luginbuehl and Teodora Kandeva

Abstract

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.

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