tag:blogger.com,1999:blog-5574479.post1950288551201391469..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: On-off-on: it's European patent deal day ...Verónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger13125tag:blogger.com,1999:blog-5574479.post-26734130305189638652012-07-01T21:13:42.515+01:002012-07-01T21:13:42.515+01:00A tri-language (EN/DE/FR) patent issued by a tri-c...A tri-language (EN/DE/FR) patent issued by a tri-country office (DE/NL/AT) enforced by a tri-"central"-court (FR/UK/DE)?<br />Not really that unitary, is it?<br />Couldn't we call it the tri-patent or, oh no, the troika-patent?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-14917896331706771202012-06-30T13:16:30.541+01:002012-06-30T13:16:30.541+01:00Clearly a London seat is unacceptable. It it time ...Clearly a London seat is unacceptable. It it time to end the humilation of Germany and get it the appropriate role in the European Union it deserves. You cannot leave patent policy to the British judges.Martennoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-11310491302664697622012-06-29T16:49:45.189+01:002012-06-29T16:49:45.189+01:00Meow! I now know what a dog's dinner looks lik...Meow! I now know what a dog's dinner looks like.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-74713409576457490122012-06-29T16:04:10.543+01:002012-06-29T16:04:10.543+01:00Arts. 6-8 dropped? Now, THAT is a fudge! I wonder ...Arts. 6-8 dropped? Now, THAT is a fudge! I wonder if that will pass the scrutiny of either the EP or the CJEU. What I am certain is that the anti-software patent crowd is going to throw a fit.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-68698663923696077432012-06-29T15:58:35.185+01:002012-06-29T15:58:35.185+01:00Removal of arts 6-8 by the EP shouldn't be see...Removal of arts 6-8 by the EP shouldn't be seen as a done deal.<br /><br />The EP is above all a <i>European</i> institution, rather than an <i>inter-governmental</i> institution. It's part of its fundamental political DNA to get laws put onto a European basis (in which it itself then becomes an essential part of the system), rather than an inter-governmental basis (where revisions can be negotiated without it having any say).<br /><br />There is also a populist tendency to paint the "patent industry", in particular the EPO, but potentially also any specialist patent courts, as having run completely out of control, answerable to nobody, and therefore a claimed need to retain a generalist court as the ultimate arbiter at the very top of the tree.<br /><br />More knowledgeable heads than mine can probably advise on this, but in agreeing to "suggest" to the EP that Arts 6 to 8 be deleted, the Council appears not to be binding itself to press the point if the EP says "thanks, but no thanks".<br /><br />Indeed, if I remember correctly, it was a national delegation -- the French -- that originally forced the inclusion of the ECJ in the structure; and there is some argument that the substantive patent law may <i>already</i> fall within the ECJ's proper ambit, because of the existence of European law on enforcement.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-72438735214706736782012-06-29T15:27:38.212+01:002012-06-29T15:27:38.212+01:00The blog GermanIP is quoting a Deutsche Presse Age...The blog <a href="http://germanip.blogspot.co.uk/2012/06/agreement-on-community-patent.html" rel="nofollow">GermanIP</a> is quoting a Deutsche Presse Agentur report, which suggests inter alia that the London office will also handle administrative matters (rather than Munich as previously trailed).<br /><br />The official communiqué appears to be silent on this; it's possibly just a slip by the DPA journalist under pressure to get their copy in quicklyAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-34361542215108442872012-06-29T15:09:34.857+01:002012-06-29T15:09:34.857+01:00Answering the question about parliamentary scrutin...Answering the question about parliamentary scrutiny (in part) - The EP can block the changes to the main patent regulation (ie dropping arts 6-8). It cannot block the patent translation Regulation. Formally the EP does not have any real role as regards the patent court treaty, but if it disagrees with the content of the treaty it could always block the main patent regulation. It is due to vote next week already, but conceivably that vote could be delayed.Steve Peersnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-23694632421547853502012-06-29T14:53:40.857+01:002012-06-29T14:53:40.857+01:00Twitter links are fine - obviously you don't h...Twitter links are fine - obviously you don't have to click on them if you don't like them!?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-28950973066154684922012-06-29T14:38:10.515+01:002012-06-29T14:38:10.515+01:00http://consilium.europa.eu/uedocs/cms_data/docs/pr...http://consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/131388.pdf<br /><br />Court agreed and Articles 6 to 8 to go. See third page.Jeremy Smithnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-72514782081413173382012-06-29T14:14:17.568+01:002012-06-29T14:14:17.568+01:00The content of the deal is online at -
http://ww...The content of the deal is online at - <br /><br />http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/131388.pdf<br /><br />Apart from the complexities of cutting the court into three bits, the deal includes dropping Arts. 6-8 of the main unitary patent regulation. The EP still has to agree to the latter point, of course. <br /><br />The argument that the EU's Court of Justice should have no jurisdiction begs the question. Since the patent court will be a court common to a group of Member States, the normal rules on references for preliminary rulings relating to EU law have to apply - see the Court's Opinion 1/09. However, dropping Articles 6-8 of the Regulation will presumably decrease the number of references for a preliminary ruling that the patent court would otherwise make to the EU's Court of Justice, since there will be fewer links between EU law and substantive patent law.Steve Peersnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-56827369747360587562012-06-29T14:11:22.421+01:002012-06-29T14:11:22.421+01:00Sketchy details to be found here.
Quote follows:-...Sketchy details to be found <a href="http://consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/131388.pdf" rel="nofollow">here</a>.<br /><br />Quote follows:-<br /><br /><i>Heads of State or Government of the participating Member States agreed on the solution for<br />the last outstanding issue of the patents package, namely the seat of the Central Division of<br />the Court of First Instance of the Unified Patent Court (UPC). That seat, along with the office<br />of the President of the Court of First Instance, will be located in Paris. The first President of<br />the Court of First Instance should come from the Member State hosting the central division.<br /><br />Given the highly specialised nature of patent litigation and the need to maintain high quality<br />standards, thematic clusters will be created in two sections of the Central Division, one in<br />London (chemistry, including pharmaceuticals, classification C, human necessities,<br />classification A), the other in Munich (mechanical engineering, classification F).<br />Concerning actions to be brought to the central division, it was agreed that parties will have<br />the choice to bring an infringement action before the central division if the defendant is<br />domiciled outside the European Union. Furthermore if a revocation action is already pending<br />before the central division the patent holder should have the possibility to bring an<br />infringement action to the central division. <br /><br />There will be no possibility for the defendant to<br />request a transfer of an infringement case from a local division to the central division if the defendant is domiciled within the European Union.<br /><br />We suggest that Articles 6 to 8 of the Regulation implementing enhanced cooperation in the<br />area of the creation of unitary patent protection to be adopted by the Council and the<br />European Parliament be deleted.</i><br /><br />Any ideas as to what happens next? Will it survive [EU or UK] Parliamentary scrutiny?Meldrewhttps://www.blogger.com/profile/09841440718012449720noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-37449492456948863622012-06-29T13:48:09.294+01:002012-06-29T13:48:09.294+01:00Bonjour Paris!
When two people quarrel, a third r...Bonjour Paris!<br /><br />When two people quarrel, a third rejoices.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-6468643340372676542012-06-29T12:54:42.340+01:002012-06-29T12:54:42.340+01:00Please, please, please no links to twitter - some ...Please, please, please no links to twitter - some of us don't use that medium and don't want to use it!Anonymousnoreply@blogger.com