Dr. Ingve Björn Stjerna, LL.M.

EU Patent Reform: New problems ahead?,

Article on the backgrounds of the dispute on Art. 118(1) TFEU and possbile implications of the upcoming CJEU decisions in the Spanish nullity actions against the “unitary patent” Regulations (Published on 22/06/2014)

As is well known, Spain has filed nullity actions against the two European Regulations on the “unitary patent” (Regulation (EU) No 1257/2012 of 17 December 2012) and the language regime Regulation (EU) No 1260/2012 of 17 December 2012) at the Court of Justice of the European Union (CJEU), objecting, amongst others, a lack of a legal base. The CJEU will hear these cases on 1 July 2014, from 9:00. The dispute about the legal base of the “unitary patent” Regulation goes back to the conflict between the European Parliament and the Council about the deletion of the former Articles 6 to 8 which were, in the end, replaced by the new Article 5 intending to include the contents of the deleted Articles in the Regulation through a reference to external legal sources, especially the intergovernmental Agreement on the Unified Patent Court. The following article will briefly summarize the respective events and will show potential implications of the CJEU’s decisions.

  • Download English version (article of 22/06/2014, PDF)
  • Download German version (article of 22/06/2014, PDF)


Resources:

  • Link to Stjerna, The Parliamentary History of the European “Unitary Patent” (Tredition 2016)
  • Link to the video recording of the Legal Affairs Committee meeting on 21/11/2011
  • Document EUCO 76/12, Conclusions of the European Council summit on 28-29/06/2012 (English or German, PDF)
  • Link to the video recording of the European Parliament’s session on 02/07/2012
  • Link to the video recording of the Legal Affairs Committee meeting on 10/07/2012
  • Link to the video recording of the Legal Affairs Committee meeting on 11/10/2012
  • Audio recording of the meeting on 19/11/2012 (speeches in their respective original language, mp3, 19.8 MB)
  • Link to the video recording of the Legal Affairs Committee meeting on 26/11/2012
  • Link to the protocol of Prime Minister Cameron’s statement in the House of Commons on 02/07/2012 on the European Council summit of 28-29/06/2012 and its results in relation to the “unitary patent” and court system (Hansard)
  • The Parliamentary History of the European “Unitary Patent”, Verbatim protocol of the public meetings in the European Parliament and its Legal Affairs Committee (German/original language and English/original language)


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