IP-watch: EU Council Agrees Blueprint For Patent Litigation System
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Started by: zoobabzoobab
Date: 23 Nov 2007 17:17
Number of posts: 1
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Summary:
Germany, the EU's largest member state and biggest patent filer, has insisted that so-called invalidation cases should be treated separately from those relating to alleged infringements of a patent without the permission of a right holder. As a result, it is envisaged that infringement cases would be heard by national or regional courts in EU member states rather than by the new judicial body. The idea of a 'European patent judiciary' was proposed by Charles McCreevy, the EU's internal market commissioner, earlier this year. He advocated that this body should be responsible for examining complaints over patents issued both by national administrations and by the European Patent Office in Munich. Yet while the principal ingredients of the litigation scheme have been agreed, discussions on some of its finer points are expected to continue into 2008.
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