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BLOG@IP::JURPatent Attorney Axel H Horns' Blog on Intellectual Property Law.
Wednesday, July 21, 2004Patent agents: Italy and Luxembourg still do not comply with EU Law. Rapid has reported that in its judgment of 13 February 2003 (case C-131/01), the Court censured Italian legislation which requires service providers to be enrolled on a national register and to have a residence or place of business in Italy in order for them to provide their services. Similarly, in its judgment of 6 March 2003 (case C-478/01), the Court found the requirement laid down in Luxembourg law for patent agents to have a place of establishment at the address of an approved representative before they can provide a service to be incompatible with Article 49 of the EC Treaty, which lays down the principle of the free provision of services.
In December 2003, the Commission sent Italy and Luxembourg letters of formal notice (IP/03/1764) in which it called on them to comply with the above-mentioned judgments. However, the necessary measures have still not been notified to the Commission by the competent national authorities.
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