European Patent With Unitary Effect – Is The Goal Feasible?  Cover Image

Европски патент са унитарним дејством – да ли је циљ остварљив?
European Patent With Unitary Effect – Is The Goal Feasible?

Author(s): Sanja Radovanović, Atila Dudaš
Subject(s): Law, Constitution, Jurisprudence
Published by: Универзитет у Нишу
Keywords: European patent; European patent with unitary effect; Unified Patent Court

Summary/Abstract: Nowadays, knowledge and innovation are the driving factors of market economy, whereby patent, as the legal framework for the protection of innovative activities, has a substantial role. By granting a patent, the patent holder acquires certain competitive advantage arising from this specific legal monopoly. The exclusive rights of the patent holder are guaranteed within the territory of a given state, for which the patent is granted, although the need of trade in goods, services and knowledge, today more than ever before, overreaches national boundaries. The European Union, whose primary goal is the creation of a single market and its preservation, in a special way, faces this challenge too. In this pursuit the protection of inventions by patents is one of the instruments that serve the realization of the said goal. Numerous efforts have been made towards the unification of the patent system in the European Union. The last one resulted in the adoption of the so-called "patent package", a legislative initiative consisting of two Regulations and an international Agreement, laying grounds for the creation of unitary patent protection in the EU, which this paper pays special attention to. Taking into account the circumstances that preceded the adoption of the “patent package”, and the current state concerning its legal effect, an attempt is made in this paper, having analyzed its relevant provisions, to assess whether the “patent package” can answer its primary requirement - the creation of a truly European patent in order to enhance the functioning of the internal market.

  • Issue Year: 2015
  • Issue No: 2
  • Page Range: 523-542
  • Page Count: 20