EULawBlog: Draft Agreement on European Patent Judiciary: New Developments
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Started by: zoobabzoobab
Date: 26 Jan 2009 18:18
Number of posts: 1
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Summary:
Disputes on the EPO patents are decided by national courts with the risk of multiple litigation. Consequently, the Council is working on a draft agreement to create a new European-wide jurisdiction. The agreement will be between the States wishing to ratify it and the EU itself. [...] Also, the Council is examining whether the EU has competence to conclude the draft Agreement. This document shows that the issue of a possible request to the Court of Justice for an opinion under Article 300 §6 EC is being discussed. Unfortunately, the actual assessment of the compatibility of the draft Agreement with the EU legal order is not publicly available and has been edited out.
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