PROPOSED UNIFIED PATENT LITIGATION SYSTEM IN EU

Abstract

The paper deals with the proposed Unified Patent Litigation System in EU. After introductory notes on the reasons for proposing this system, the first part of the article is dedicated to the European Patent Court. Draft agreement on the European Patent Court is a part of Unitary patent package, together with the Proposal for a Regulation of the European Parliament and of the Council implementing enhanced cooperation in the area of the creation of the Unitary patent protection and the Proposal for a Regulation of the Council implementing enhanced cooperation in the area of the creation of the Unitary patent protection with regard to the applicable translation arrangements. Special attention is devoted to the conformity of the new draft with the European Union Treaty and the Treaty on the Functioning of the European Union. In the second part of the article, the author analyses the role of the European Court of Justice within the proposed Patent Litigation System in EU. By the end of Jun 2012, heads of States and governments, removed the provisions organizing control by the European Court of Justice of litigations concerning Unitary patents. European Parliament was due to debate and vote on the Unitary patent. However, MEPs rebelled against the European Council's desire to substantially change the text at the last minute. They unanimously postponed the vote and sent the text back for reconsideration by the committee. So, the perspective of Unified Patent Litigation system is still questionable.