Primena mehanizma bliže saradnje u oblasti patentnog prava EU
The Enhanced Cooperation Mechanism in the Field of the EU Patent Law

Summary/Abstract: The paper deals with enhanced cooperation mechanism in the field of the EU Patent Law. The objective of this regulatory move is to offer innovators in Europe a unique patent right which can only be transferred, licensed, revoked or may lapse in all the Member States which participate in the enhanced cooperation. After introductory notes with regard to the enhanced cooperation in general, the first part of the article is dedicated the current European Patent Office procedure for protecting the innovations. EPO applications are filed under the rules set forth by the European Patent Convention (EPC) which is not an EU instrument. Otherwise, obtaining patent protection in all or most European countries by using the current procedure is too expensive. Therefore, on 13 April 2011 the Commission tabled a package of two legislative proposals implementing enhanced cooperation in the field of unitary patent protection and translation arrangements. Such proposals were subsequently agreed upon by the EU ministers in an Extraordinary Competitiveness Council on 27 June 2011. So the second part of the article is devoted to the proposed regulations regarding the unitary patent protection in EU. However, Spain and Italy have chosen to remain outside the enhanced cooperation system and challenged before the Court of Justice of the European Union (CJEU) the Council Decision of 10 March 2011 authorizing such cooperation. They point out inter alia that the envisaged system would advantage applicants coming from EU English, French or German speaking countries. The creation of a unique title should be coupled with the adequate jurisdictional arrangements allowing unitary patents to be enforced and revoked throughout the territory of the participating countries. Thus, the third part of the article is dedicated to the centralized patent litigation system.

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