Unitary Patent Regulation and Unified Patent Court Agreement
30 May 2012
The IP Federation has written to Kerstin Jorna at DG MARKT highlighting the Federation’s concerns about the present proposals for the Unified Patent Court. Among other things, this makes the following points:
We see nothing to require or commend the involvement of the ECJ, and are strongly urging for their deletion from the Regulation.
The Federation sees the prospect of bifurcation in the UPC as being wholly bad for European business. It would reduce external investment, and put European industry at a disadvantage as compared with non-European business. It would also distort competition within the internal market. Making bifurcation an option under the new system is not an answer, but actually will make matters worse by distorting the focus of patent litigation and centring it in those countries which routinely opt to bifurcate, thereby attracting patent owners to bring their infringement actions there. We therefore are urging for bifurcation to be excluded from the system entirely.
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