CNS/2003/0326

From EU-wiki

Community patent: jurisdiction on the Court of Justice in disputes
Legal Basis: TFEU 262, change log oeil google eprod
Lead committee dossier JURI/7/00059

Function
EP MEP rapporteur (lead)
EP MEP shadow rapporteur(s) (opinion)

Community patent: jurisdiction on the Court of Justice in disputes change log oeil

http://www.consilium.europa.eu/uedocs/NewsWord/en/intm/111732.doc

Council enhanced patent system in Europe

http://www.erikjosefsson.eu/sites/default/files/Council_enhanced_patent_system_in_Europe.pdf

notes:

points 10-12: the entire idea of a specialised European and EU Patents Court is flawed. Patent litigation should be kept at standard courts, to minimize "tunnel vision". Limited scope in judgements will eventually illegitimize the results of the judgements. See also http://firstmonday.org/htbin/cgiwrap/bin/ojs/index.php/fm/article/view/828/737
points 21-23: languages of procedure will effectively turn into English, French and German :) Possibly Dutch.
point 29, 31: what is the point of a court being self-financing? INVESTIGATE: self-financing in patent offices - disaster! courts should not have to take into account financing themselves, but be concerned with upholding the legislation and representing impartiality.

National Patent Office qualified by ESS -> NPO enhanced partnership with EPO -> efficiency!

Enhanced Partnerships

points 30-37 http://www.sipf.se/admin/photo/big/EUdokument/DraftCouncilconclusions29092009.st13705.en09.pdf

Enhanced Partnerships within the framework of a Community patent make little sense: why investigate and dedicate a lot of time into working out a solution for NPOs and EPO when you want to establish an EU Patent?