TOWARDS AN ENHANCED PATENT SYSTEM IN EUROPE

The entry into force of the TFEU introduces a specific legal basis (Article 118) for the creation of European Intellectual Property Rights (IPR). Mindful of this, the Competitiveness Council has adopted Conclusions containing a package of measures, which together will form an Enhanced Patent System in Europe. These include:

  • The creation of a European and EU Patents Court (“EEUPC”), the main features of which are set out, including that it is to have exclusive jurisdiction in respect of civil litigation related to the infringement and validity of European and EU patents;
  • A regulation creating the EU Patent, together with a separate regulation on the language / translation arrangements;
  • Enhanced partnership between the European Patent Office (“EPO”) and central IP offices of Member States; and
  • As necessary, amendments to the European Patent Convention.


    See further: http://register.consilium.europa.eu/pdf/en/09/st17/st17229.en09.pdf

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