Posted by ipeg on May 30th, 2012
Dr. Pagenberg, for long a standing member of the Expert Committee of judges and attorneys assisting the legislative process to create a single EU Patent Court, devoted most of his time in the last three years to this project, during two years as president of the European Patent Lawyers Association. However, he has become increasingly disappointed by the results of European politics who mishandle a subject to such an extent that forced him to withdraw from the undemocratic circus the process has become. He experienced firsthand that the...
Posted by ipeg on April 30th, 2012
Das „Package“ der europäischen Patentgerichtsbarkeit besteht aus zwei Verordnungsentwürfen, der eine zur Sprachenfrage und der andere zum Einheitspatent („EU-Patent“), sowie dem Entwurf für ein Übereinkommen für ein einheitliches Patentgericht[1]. Nach erheblichem Widerstand aus Nutzerkreisen wegen zahlreicher Mängel von Abkommen und Patentverordnung und aufgrund fehlender Einigung über den Sitz des Gerichts wurde der von der polnischen Präsidentschaft überraschend für Ende Dezember geplante Unterschriftstermin abgesagt....
Posted by ipeg on March 8th, 2011
On March 8, 2011 the highest EU Court, the European Court of Justice (ECJ) gave its ruling on the draft EU Patent Court or EEUPC. It does not look good at all, as the court concludes:
“The envisaged agreement creating a unified patent litigation system (currently called ‘European and Community Patents Court’) is not compatible with the provisions of the EU Treaty and the FEU Treaty”.
This is worse than anyone could have thought. It seems that a revival of EPLA is the only reasonable option now to come to some unified patent...
Posted by ipeg on September 25th, 2010
The struggle to reach a single European Patent Court dominates “patent politics” in 2010 (see our June blog[1]). In September, some 120 patent judges from European Patent Convention states as well as guests from the US and Japan met in Lisbon discussing recent developments in European patent law. Did they brought what is now called the European and EU Patent Court (EEUPC) closer to becoming reality? Apart from the usual niceties and exchanges of good intentions, basically no progress has been made. All judges and attorneys and guests...
Posted by ipeg on June 22nd, 2010
During the Intellectual Property Business Congress (IPBC) in Munich one of the more interesting presentations was from Margot Fröhlinger, Director knowledge based economy of the EU Commission (DG Internal Market and Services) who handles the unpopular file on the creation of the EU patent and the creation of a unified patent litigation system in Europe. Who thinks that US Patent Reform is cumbersome, it pales next to the patent reform process in Europe. The issue at hand is the creation of a unified EU patent litigation system, the...
Posted by ipeg on June 1st, 2010
The creation of a new European Patent System meets some firm opposition and obstacles from various sides. Debates have been going on for decades now whether we should have a EU – or in older terms “Community” – Patent. Presently, the only “European” patents[1] that exists next to “national” patents are those granted by the European Patent Office (EPO) in Munich according to the Convention on the Grant of European Patents of 5 October 1973, commonly known as the European Patent Convention...
European IP Case Law (IPPT)