The Viability of the Unitary Patent Package After the UK’s Ratification of the Agreement on a Unified Patent Court

Sellens, Gandía; Aránzazu, María

doi:10.1007/s40319-017-0666-y

IIC

2018

DOI: 10.1007/s40319-017-0666-y

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The Viability of the Unitary Patent Package After the UK’s Ratification of the Agreement on a Unified Patent Court

Gandía Sellens

María Aránzazu²

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Cited by 2 publications

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Promoting Harmonisation Across the European Patent System Through Judicial Dialogue and Cooperation

Walsh

2019

IIC

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In order to promote harmonisation in a more effective manner in the European patent system, it is argued that this should not solely be done through legislation, but through judicial dialogue and cooperation. Through this means of informal harmonisation, progress can be made case-by-case, rather than waiting for legislation to be agreed upon and entered into force. This is already happening to good effect, as displayed through a number of examples, including the most recent example of Actavis v. Eli Lilly [2017] UKSC 48 in the UK Supreme Court. It is proposed by this article that official lines of communication should be opened among all judiciaries and Boards in the European patent system to improve this practice. Judicial cooperation would also be useful to the Unified Patent Court, if it becomes operational. Opening official lines of communication would be an important step towards a further harmonised European patent system and would increase legal certainty in this area.

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Promoting Harmonisation Across the European Patent System Through Judicial Dialogue and Cooperation

Walsh

2019

IIC

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Easy Is Not Always Good – The Fragmented System for Adjudication of Unitary Trade Marks and Designs

Kur

2021

IIC

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While the creation and still outstanding implementation of the Unified Patent Jurisdiction system continue to cause contentious debates among academics and practitioners, the system introduced in the early 1990s for adjudication of conflicts concerning unitary trade marks (and, later on, unitary design rights) had the charm of simplicity. Building on the national court systems instead of providing for a genuine EU judiciary, the scheme could easily be fitted into existing structures. On the other hand, the imperfect, limping character of the system creates issues inter alia concerning international jurisdiction and applicable law. Furthermore, attributing jurisdiction in infringement litigation to separate national court hierarchies may jeopardize the coherence of the system. While the prospects for reform may be dim insofar as the system in its entirety is concerned, the detrimental effects of fragmentation could be overcome at least to some extent by creating a unitary catalogue of sanctions.

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The Viability of the Unitary Patent Package After the UK’s Ratification of the Agreement on a Unified Patent Court

Cited by 2 publications

References 3 publications

Promoting Harmonisation Across the European Patent System Through Judicial Dialogue and Cooperation

Promoting Harmonisation Across the European Patent System Through Judicial Dialogue and Cooperation

Easy Is Not Always Good – The Fragmented System for Adjudication of Unitary Trade Marks and Designs

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