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Year: 2023 Publisher: Milan : Ledizioni,
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As of 1st of June 2023, after years of negotiations, setbacks and postponements, the Unitary Patent Package (UPP) enters into force: the European patent with unitary effect (EPUE) becomes a reality and the Unified Patent Court (UPC) starts its activities. Regrettably, the patent regime put in place is not a genuine EU system. Adopted through an enhanced cooperation procedure, it firstly does not include all EU Member States. Secondly, the conditions and the procedure for granting EPUE is in the hands of the European Patent Office, an international organization to which EU is not a party. Lastly, the substantive provisions and the litigation proceedings are defined by an international treaty (the UPC Agreement) to which EU is not a member, and by national laws for the remaining aspects. Such system carves patent law out of the EU legal and judicial orders and reduces the roles of the EU Parliament and Court of Justice. Challenges are numerous in terms of complexity, harmonization objectives, legality, business advantages and wider societal, economic and legal concerns, to name a few. With twenty-eight contributions from academics and practitioners, this book starts with putting the new system into historical, comparative and institutional contexts (Part I) before highlighting some issues under EU law and the perspective of EU integration (Part II). The institutional, jurisdictional and procedural questions raised by the UPC are then addressed (Part III), as well as the innovation and markets issues (Part IV). The last contributions discuss possible improvements and alternatives to the Unitary Patent Package (Part V).
Book
ISBN: 1474201482 1782255060 150991417X 9781782255062 9781474201483 9781849469401 1849469407 184946619X 9781849466196 9781849466196 9781509914173 Year: 2015 Publisher: Oxford : Hart Publishing,
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"The purpose of this book is to explore the key substantive, methodological, and institutional issues raised by the proposed EU unitary patent system contained in EU Regulations 1257/2012 and 1260/2012, and the Unified Patent Court Agreement 2013. The originality of this work lies in its uniquely broad approach, taking seven different (historical, constitutional, international, competition, economic, institutional, and forward-looking) perspectives on the proposed EU patent system. This means that the book offers a multi-authored and all round appraisal of the proposed unitary system from experts in patent law, EU constitutional law, private international law, competition law, and economics, as well as leading figures from the worlds of legal practice, the bench, and the European Patent Office. The unitary patent system raises issues of foundational importance in the fields of patent and intellectual property law, EU law and legal harmonization, which it is the purpose of the book to engage with. This is a work which will enjoy wide and enduring interest among academics, policy makers and decision makers/practitioners working in patent law, intellectual property law, legal harmonization, and EU law."--Bloomsbury Publishing.
Patent laws and legislation --- History. --- Law, Patent --- Patents --- Scientific property --- Law and legislation --- Industrial laws and legislation --- Industrial property --- Trade regulation --- Copyright --- Unified Patent Court --- Europe. --- European and Community Patents Court --- UPC --- European Union. --- Council of Europe countries --- Eastern Hemisphere --- Eurasia
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