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EU Community Patent And UPLS: Will There Be A Political Breakthrough Soon?Wednesday, November 18. 2009
On November 02, 2009, I had reported on Document 15149/09 addressed to the Intellectual Property Attachés of the EU Member States and titled Proposal for a Council Regulation on the Community patent - Revised text. To what end will these preparatory works come, and when? The Intellectual Property Expert Group (ipeg) are feeding hopes in their Blog that the Swedish EU Presidency might be lucky enough to successfully forge some sort of political compromise on the EU Community Patent as well as on the Unified Patent Litigation System (UPLS) later this year.
Well, there is a lot of recent activity in the EU Council carefully locked away from the general public:
It should, however, not be overlooked that the decision to build UPLS on the basis of an Agreement outside the EU Lisbon Treaty not only enables accession by non EU-States like Turkey but also means that the painstaking process of ensuring ratification by all EU member States plus interested States outside the EU has to start again. And the Danish Government has already indicated in Document 14531/09 that this would require transference of competence which means that according to the Danish Constitution this would require either a national referendum or a 5/6 majority in the Parliament. Plus, of course, there is a pending referral of legal questions to the European Court of justice (ECJ) which also have not been published yet. Before any final decision, the ECJ must have their say. Tools
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(Partial) Political Breakthrough: Conclusions On An Enhanced Patent System In Europe
Ms Lene ESPERSEN, Danish Minister of Economic and Business Affairs,Ms Sabine LEUTHESSER-SCHNARRENBERGER, German Minister of Justice Today was the final day of the 2982nd Competitiveness (Internal market, Industry and Research) EU Council meeting and, as
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I see there are four new public documents on the Council's website now. To be agreed tomorrow.
Has the council adopted conclusions on an enhanced patent system in Europe as yet? I'm currently studying at the Prairie View University and we've been looking on these matters for quite some time now. This site has become a great resource for me to use in my term papers later on in the year. Thanks much.
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