Unitary Patent Regulation and Unified Patent Court Agreement
02 December 2011
The IP Federation is concerned that the draft Regulation and draft Agreement will precipitate a patent system in Europe which is worse than we have today. Thus we have made a plea for the UK not to initial, agree to or sign anything in which our concerns are not dealt with or which precludes further progress on structural issues. In addition, sufficient flexibility should be left to deal with other more technical issues, such as privilege, that are problematic in the latest draft we have seen.
Our main concerns are:
- Articles 6–8 (defining the rights conferred by a Unitary Patent) should be removed from the draft Regulation.
- The draft Agreement should allow patent owners to initiate infringement proceedings and proceedings for protective and provisional measures before the Central Division.
- The draft Agreement should allow patent applicants to opt-out of the jurisdiction of the Unified Court those patents applied for via the EPO (other than unitary patents) during the transitional period.
- The Central Division should not be located such as to encourage delays in the consideration of validity.
- A satisfactory and advanced draft of the Rules of Procedure should be available before signature of the Agreement.
For full details, click HERE.
To see all our policy papers, click HERE.