Unified Patent Court – New Judiciary Body Established For The Settlement Of Disputes Relating To The European And Unitary Patents Cover Image

Jedinstveni patentni sud – novi pravosudni organ za rešavanje sporova u vezi za evropskim i unitarnim patentom
Unified Patent Court – New Judiciary Body Established For The Settlement Of Disputes Relating To The European And Unitary Patents

Author(s): Jelena Ćeranić Perišić
Subject(s): Law and Transitional Justice, Present Times (2010 - today), EU-Accession / EU-DEvelopment, EU-Legislation
Published by: Institut za uporedno pravo
Keywords: Unified Patent Court; unitary patent; European patent; European Union; European Court of Justice;

Summary/Abstract: The paper deals with the Unified Patent Court established for the settlement of disputes relating to European patents and European patents with unitary effect. On February 19, 2013 the Agreement on a Unified Patent Court was signed by 24 states (Poland and Spain refused to sign it) and Bulgaria as 25th state signed it in March 2013. On the current timeline it is likely that the system will be operational from the beginning of 2015 following the ratification by each Member State (or at least 13 Member States, as long as Britain, France and Germany are among them). After introductory notes with regard to the establishment of unified patent protection system in the European Union, the first part of the article is devoted to the problems on the road of establishment of the Unified Patent Court. The special attention is paid to the relations between the Unified Patent Court and The European Court of Justice. In the second part of the article, the author presents the most important provisions of the Agreement on a Unified Patent Court related to competence of the Court, eligibility criteria for the appointment of judges, language of proceedings etc.

  • Issue Year: 2013
  • Issue No: 3
  • Page Range: 121-135
  • Page Count: 15
  • Language: Serbian