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The Unified Patent Court: help or hindrance?

03 May 2012

The IP Federation’s contributions are mentioned ten times in the report of the House of Commons European Scrutiny Committee just published entitled “The Unified Patent Court: help or hindrance?” Their overall conclusions read: 

  • Although the theory of a unitary patent and unitary patent court in Europe has long been thought desirable, the practice has long been elusive. The latest attempt appears, regrettably, to be a further example of this. Moreover, some of the criticisms raised by witnesses result from traits that are so ingrained in the operation of the EU that a legitimate question arises whether an effective unitary patent can ever be achieved within the confines of the EU’s internal legal order.
     
  • We conclude overall that the draft agreement on the Unified Patent Court is likely to hinder, rather than help, the enforcement of patents within the European Union. This will particularly be so for SMEs, the main intended beneficiaries. Given our concerns, it is vital that the UK Government adopts a strong position reflecting the concerns of practitioners in final negotiations, as well as calling for the Central Division to be in London in order to mitigate the most damaging effects of a unitary EU-wide patent.


Previous Articles

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  • Consultation on copyright following the Hargreaves Review 

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  • IPReg Second Consultation on Litigators’ Rights 

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  • Administrative Assistant vacancy 

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  • Court of Justice Case C-661/11 (Martin y Paz Diffusion SA v. David Depuydt and Fabriek van Maroquine 

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  • Observations on Court of Justice cases 

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  • Revision of the rules for the assessment of licensing agreements for the transfer of technology 

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    (February 03, 2012) read more »»
     
  • PCT International Search and Supplementary International Search 

    The IP Federation has submitted views in favour of the proposal to modify... 
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