Intellectual Property Expert Group
Intellectual Property Expert Group
On 19 February 2013, officials from 24 European Member States signed the Unified Patent Court agreement establishing a Unified Patent Court (“UPC Agreement).[1] When you read this, Bulgaria will probably have signed as well. Poland and Spain did not sign…
The European Patent Lawyers Association (EPLAW), comprising lawyers with many years of experience in European patent litigation, closely follows the preparatory work for and the legal discussions around the creation of a European patent court system. With the EPO Academy…
It seems like the proper moment to provide an update on where we are with the creation of a single EU patent and how this EU patent, once created, will be dealt with in Court if it comes to infringement…
The creation of a new European Patent System meets some firm opposition and obstacles from various sides. Debates have been going on for decades now whether we should have a EU – or in older terms “Community” – Patent. Presently,…
With just a little more than a month left of the Swedish EU presidency, it is time for some reflection. What has been achieved in the case of the intellectual property system during the last 6 months? The Swedish government…
Recently the European Commission requested the Council to authorize the start of negotiations for the conclusion of an Agreement Creating a Unified Patent Litigation System. Old wine in a new bottle? EPLA (European Patent Law Agreement) intended to address the…
Auctions to sell assets have been known for long. Goethe proposed the publisher Vieweg in 1797 to sell his manuscript of his poem Hermann and Dorothea via an auction (later to become known as “a second-price auction”). In IP no…
EPLA proponent Jochen Pagenberg delivers fierce criticism on lack of progress on EPLA. Will the European Patent Litigation Agreement have a chance in 2008? Read his critical review in “International Review of Intellectual Property and Competition Law (IIC) 2007, 7).He…
The rumor goes that France is due to make a sea change shift towards supporting the EPLA, an initiative to harmonize the way patents are being litigated in Europe. The French Research Minister (heading the French Ministère de l’Enseignement supérieur…
Today starts, in Munich, a two day Symposium: “The Future of European Patent Jurisdiction” organised by the German Federal Patent Court, in consultation with the Federal Ministry of Justice, The meeting is expected to bring together 200-250 participants from all…
When the European Parliament debated the EPLA agreement in October 2006, a resolution was adopted whereby the Legal Service of the EP was asked “to provide an interim opinion on EU-related aspects of the possible conclusion of the EPLA by…
Twenty six patent judges from all over Europe gathered in San Servolo, Italy, for the second time to discuss and decide on rules and procedures for the EPLA court, the first centralized European Patent Court. After meeting for a week…
A seemingly innocent European Commission memo, called “Communication from the Commission to the European Council (informal meeting in Lahti – Finland, 20 October 2006), An innovation-friendly, modern Europe” turned into a row between Germany and France. What happened? Well, have…
On 11 October 2006, during the 40th World Congress of the International Association for the Protection of Intellectual Property (AIPPI) in Gothenburg, Sweden, 1,500 national representatives of 44 countries voted on a number of resolutions on pressing IP issues. A…
October will be an important month for the EPLA (“European Patent Litigation Agreement”) initiative. However, the initiative threatens to become prey to anti-patent lobbyists (formerly known as anti-software patent lobbyists). They are now taking aim at EPLA. Last week the…
France’s Constitutional Council is due to rule on the constitutionality of the London Agreement by the end of next week. Ratification by France is the chief remaining obstacle stopping the London Agreement coming into force. The “London Agreement” is about…
Not bothered by an actual knowledge about what EPLA is about and more concerned about his future as an anti software patent crusader now the EU Directive is off the table, he now takes aim against the patent system as…
Charlie McCreevy, Commissioner for Internal Market and Services, gave a speech today on the future of IPR in Europe – updating in particular his plans for patents in Europe. No formal proposals were made, other than a commitment to produce…