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    Europe Reaches Agreement On Unitary Patent

    Published on 29 June 2012 @ 4:45 pm

    By , Intellectual Property Watch

    After years of at times embarrassing political and procedural wrangling, members of the European Union today agreed to create a single patent system for 25 EU member states, including a unified patent court split between Paris, Munich and London. The decision also has a copyright element.

    “The agreement reached today on the Unitary Patent will lead to considerably reduced costs for SMEs and give a boost to innovation, by providing an affordable, high quality patent in Europe, with a single specialised jurisdiction,” the decision from the European Council states. The Council is the body of representatives of each of the 27 EU governments.

    The decision is available here [pdf].

    An infringement case can be filed in any of the three courts but each will have specialisations. “Given the highly specialised nature of patent litigation and the need to maintain high quality standards,” the decision said, “thematic clusters will be created in two sections of the Central Division, one in London (chemistry, including pharmaceuticals, classification C, human necessities, classification A), the other in Munich (mechanical engineering, classification F).”

    [Update:] there is a clause in the decision that may become controversial, according to some sources. It states: “We suggest that Articles 6 to 8 of the Regulation implementing enhanced cooperation in the area of the creation of unitary patent protection to be adopted by the Council and the European Parliament be deleted.”

    This clause would effectively remove patent matters from the jurisdiction of the European Court of Justice, sources said, and may run into resistance when the decision goes before Parliament, which could come soon.

    Spain and Italy chose not to join the agreement in protest of the absence of their languages.

    As rumoured earlier this week, the agreement is to place the central division of the patent court in Paris, with offices in Munich and London, thereby defusing a fierce territorial battle. This breakthrough should lead to the adoption of a unitary patent for the EU, taking the place of national procedures. The European Patent Office in Munich will grant the unitary patent and centrally administer it.

    The EPO issued a press release hailing the “historic” achievement, available here.

    Copyright

    Today’s decision also contains a copyright action. It urges advancement on the EU Digital Single Market by 2015, stating: “It is also crucial to boost demand for the roll-out of high-speed internet, modernise Europe’s copyright regime and facilitate licensing, while ensuring a high level of protection of intellectual property rights and
    taking into account cultural diversity.”

    [Update:] The decision elicited a positive industry reaction. Association for Competitive Technology President Jonathan Zuck issued a statement: “Europe’s innovation capacity is a product of the quality of its intellectual property system. While details are still to be ironed out, today’s agreement is doubtlessly a step forward and will help generate innovation and growth in the European Union. Any agreement that get us closer to reduced patenting expense and complexity is welcome and we can only hope that soon a European patent is a reality in every Member State. It has been a long and rocky road and entrepreneurs across the Union can’t wait to see the end of it and the common good prevailing.”

    William New may be reached at wnew@ip-watch.ch.

     

    Comments

    1. Entente sur le brevet unitaire en Europe « "C'est é-p@tent!" says:

      [...] Voir l’article de IP Watch Share this:TwitterFacebookEmailPrintLike this:LikeBe the first to like this. [...]

    2. EU-Mitgliedsstaaten einigen sich auf Einheitspatent › netzpolitik.org says:

      [...] jahrelangem Hin und Her haben die EU-Mitgliedsstaaten heute eine Einigung zum EU-Einheitspatent erzielt. Der letzte offene Streitpunkt war die Frage, wo der neue europäische Patentgerichtshof seinen [...]

    3. Europa chega a acordo sobre patente unitária says:

      [...] original: http://www.ip-watch.org/2012/06/29/europe-reaches-agreement-on-unitary-patent/ Recomendar no Facebook Conte aos seus amigos Se você gostou deste artigo, por favor considere [...]

    4. EU-Mitgliedsstaaten einigen sich auf Einheitspatent : Posted Planet (in Arbeit) says:

      [...] jahrelangem Hin und Her haben die EU-Mitgliedsstaaten heute eine Einigung zum EU-Einheitspatent erzielt. Der letzte offene Streitpunkt war die Frage, wo der neue europäische Patentgerichtshof seinen [...]

    5. Manfred says:

      A said day of the EU that the member states do not follow the community method but leave it to member states and the EPO to stifle EU developments. What comes out of the quarrals is an unacceptable solution without Article 6 an 8. The Unbitary Patent is a bad deal. It is showing that the EPO press release is only available in english.

      The European Parliament cannot accept that member states cut out Article 6-8.

    6. Latest Draft Of European Patent Court Agreement Released | Intellectual Property Watch says:

      [...] unified patent court took years to reach agreement, which finally occurred this year (IPW, European Policy, 29 June 2012). Related [...]

    7. ADMR says:

      “will lead to considerably reduced costs for SMEs and give a boost to innovation, by providing an affordable, high quality patent in Europe, with a single specialised jurisdiction”. This is the best part of this article.


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
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