Dr. Ingve Björn Stjerna, LL.M.

EU Patent Reform: The Preparatory Committee of the UPC, its “Expert Panel” and their “support” of SMEs,

Article on the discussion of measures of support for SMEs at the UPC by the UPC Preparatory Committee and its “Expert Panel” (Published on 08/03/2020)

As is well known, the political side has always presented as a core motive of the European patent reform to facilitate access to patents and their enforcement in court for small and medium-sized enterprises (“SME”) in particular. As repeatedly pointed out, these were merely words to help the reform through the Parliamentary procedure. No practically effective measures to support SMEs have been implemented to date. Documents made available under the German Federal Freedom of Information Act reveal the sometimes astonishing views expressed by members of the Preparatory Committee of the Unified Patent Court and its so-called “Expert Panel” in the discussion of measures for the support of SMEs. Especially the representatives of major industry and their legal advisers on the “Expert Panel” have campaigned against effective measures in favour of SMEs and have prevailed on several aspects.

  • Download English version (Article of 08/03/2020, PDF)
  • Download German version (Article of 08/03/2020, PDF)


Resources:

  • Link to EU Commission document COM (2007) 165 final of 03/04/2007 (PDF).
  • Link to the Communication plan of the UPC (PDF).
  • Link to Document “Teams and Working Groups of the Preparatory Committee” (PDF).
  • Link to the “Organisational rules of the Preparatory Committee of the Unified Patent Court” (PDF).
  • Link to the communication by the PC-UPC “Chairman invites new Expert Panel to advise Preparatory Committee” of 16/09/2014.
  • Link to document “Rules on Court fees and recoverable costs” of 16/06/2016 (PDF).
  • Link to document 656/2013 – “Proposal key elements (…) court fees and recoverable costs” (PDF) | Link to the initial version as redacted by the German Federal Ministry of Justice and Consumer Protection (“BMJV”).
  • Link to document 533/2014 – “UPC SME support measures Discussion Paper” (PDF) | Link to the initial version as redacted by the BMJV.
  • Link to Council document 6572/13 of 19/02/2013 (PDF).
  • Link to document 733/2014 – “Expert Panel on Legal Aid” (PDF) | Link to the initial version as redacted by the BMJV.
  • Link to the 18th draft of the UPC Rules of Procedure, version of 15/03/2017 (PDF).
  • Link to document 22/2015 – “UPC court fees and recoverable costs assumptions” (PDF) | Link to the initial version as redacted by the BMJV.
  • Link to the “Draft Decision of the Administrative Committee of the Unified Patent Court on the scale of recoverable cost ceilings” of 16/06/2016 (PDF).
  • Link to document 31/2015 (PDF) | Link to the initial version as redacted by the BMJV.
  • Link to document 45/2015 – “Expert Panel comments on court fees consultation and assumptions” (PDF) | Link to the initial version as redacted by the BMJV.
  • Link to the EU Commission study “Preliminary Findings of DG Internal Market and Services Study on the Caseload and financing of the Unified Patent Court” of 07/11/2011 (PDF).
  • Link to decision CJEU, case C-279/09, judgment of 22/12/2010 – DEB Deutsche Energiehandels- und Beratungsgesellschaft mbH / Bundesrepublik Deutschland.


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