Jedinstveni sud za patente

Jelisavac Trošić, Sanja (2013) Jedinstveni sud za patente. Evropsko zakonodavstvo, XII (45-46). pp. 144-152. ISSN 1451-3188

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Abstract

National courts and authorities of the contracting states of the European Patent Convention are competent to decide on the infringement and validity of European patents, but in practice, this gives rise to difficulties when a patent proprietor wishes to enforce a European patent, or when a third party seeks the revocation of a European patent in several countries. First of all, high costs, risk of diverging decisions and lack of legal certainty. In order to improve the enforcement of patents and to enhance legal certainty EU will be setting up a Unified Patent Court. The Unified Patent Court is a single patent court covering 25 countries, and is comprised from Court of First Instance, a Court of Appeal and a Registry. This Court will be for litigation relating to the infringement and validity of patents. Unified Patent Court will be a court common to the Contracting Member States and thus part of their judicial system. The Court is with exclusive competence in respect of European patents with unitary effect and European patents granted under the provisions of the European Patent Convention. Patent proprietors from Member States of the European Union participating in the enhanced cooperation can request unitary effect of their European patents so as to obtain unitary patent protection in the all Contracting parties of the Agreement. Member States which have decided not to participate in the enhanced cooperation in the area of the creation of unitary patent protection may participate in the Agreement on а Unified Patent Court in respect of European patents granted for their respective territory. Agreement is open to accession by any Member State of the European Union. Agreement on а Unified Patent Court should enter into force on 1 January 2014 or on the first day of the fourth month after the 13th deposit, provided that the Contracting Member States that will have deposited their instruments of ratification or accession include the three States in which the highest number of European patents was in force in the year preceding the year in which the signature of the Agreement takes place, or on the first day of the fourth month after the date of entry into force of the amendments to Regulation (EU) No 1215/2012 (1) concerning its relationship with this Agreement, whichever is the latest.

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