tag:blogger.com,1999:blog-5574479.post8427129072242779598..comments2024-03-29T09:21:58.696+00:00Comments on The IPKat: Last chance for pat lit reform in Europe?Verónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-5574479.post-4620458254775386402007-12-15T14:52:00.000+00:002007-12-15T14:52:00.000+00:00"Lastly Dr Froehlinger addressed the controversial..."Lastly Dr Froehlinger addressed the controversial issue of bifurcation. The Commission’s aim is to introduce choice and flexibility into the system and she insisted that there would be no imposed bifurcation of validity and infringement proceedings."<BR/><BR/>Evil, evil. <BR/><BR/>EU-EPLA is a centralized EU-Level court with EU-LEVEL regional chambers. The current model lets all chambers rule on litigation and the central instance with its trusted judges also rule on validation. Giving choice does not help. Further the current model discriminates one party in invalidation proceedings as the regional courts may reject invalidation or otherwise defer itto the central court with a preliminary opinion.<BR/><BR/>What does "there would be no imposed bifurcation of validity and infringement proceedings" actually mean? Is it a political compromise as the regional chambers of the central court (a fake national instance) as an attempt to avoid crucial discussions?<BR/><BR/>The only point behind bifurcation is to keep the validity decisions central and expandthe attorney's business. And central validity makes all democratic decision making obsolete. Nice that they attempt to have the court without substantive law on the EU level. I wonder how this would work.Anonymousnoreply@blogger.com