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Unitary Patent Regulation and Unified Patent Court Agreement

23 January 2012

The IP Federation has put forward views in favour of a properly designed and implemented Unitary Patent and Unified Patent Court to the European Scrutiny Committee.

On the other hand, 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 infringe-ment 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. Our preference would be for the Central Division to be created in London.
  • A satisfactory and advanced draft of the Rules of Procedure should be available before signature of the Agreement. These Rules will govern the way the Court operates in practice and will be crucial to achieving satisfactory quality.

For full details, click HERE.

To see all our policy papers, click HERE.



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