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UPC Confirmed Locations. The UPC website was updated last week with UPC divisions that have confirmed their locations. The Court of Appeal in Luxembourg, the Nordic-Baltic Regional Division in Sweden and the four local divisions and central division in Germany are currently listed along with their addresses and some photos. (more…)
Unless you’ve missed it somehow, INTA is on and the average patent attorney is probably feeling a little left out as emails and photos of the latest INTA party do the rounds. Well fear not patent attorney brethren because the unitary patent system has a lot going on today.
Yes, on a day that literally no-one (but me) is calling Turbo Tuesday, we can look forward to the CJEU’s judgments in C-146/13 and C-147/13 (Spain v the Unitary Patent: the rematch) and a packed Preparatory Committee meeting in which we expect the details surrounding the European Patent Litigators Certificate to be finalised and the consultation on the court fees for the Unified Patent Court to be given the go ahead.
The Spanish result is first up and while the judgments weren’t available at the time of writing available, a press release has been, well, released which dismisses both of Spain’s actions. [Update: the judgments are now available – C-146/13 and C-147/13] (more…)
The AG’s opinion (English version) in C-146/13 relating to enhanced cooperation in the area of the creation of unitary patent protection can be found here.
The AG’s opinion (English version) in C-147/13 relating to enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements can be found here. (more…)
The Advocate General released his opinions on the two Spanish challenges to the unitary patent system in November last year and in December there was much discussion online about the independence of the Boards of Appeal at the EPO.
Anyone curious about whether the developments at the EPO might be relevant to the Spanish challenges to the unitary patent are encouraged to head over to Dr Ingve Stjerna’s website (link below) and read his latest paper ” Unitary patent and court system – Advocate General’s Statements of Position: Superseded by reality”.
Dr Stjerna has kindly given permission for us top reproduce the introduction to his paper below: (more…)
Back in December last year IPcopy started to take a look back at the unitary patent package and where we are in delivering this new unitary patent system. Our first “Where are we now?” post provided an overview of the Unified Patent Court itself. This entry asks what progress has there been on the road to getting the system up and running. Remember that although the original implementation date (end of 2014) was missed there has been some significant progress in delivering the new system. (more…)
Long story short? Sorry Spain!*
*(At least as far as the Advocate General is concerned. The CJEU’s ruling on the matter will follow at some point and though it might seem likely that the Court will follow the AG, that isn’t necessarily so). (more…)
The CJEU court diary has just been updated* to show that the Advocate General’s opinion relating to the Spanish challenges to the unitary patent package (in cases C-146/13 and C-147/13) is now scheduled for 18 November 2014.
An early Christmas present beckons for either Spain or the EPO…..
As has been widely covered, Spain is challenging the Unitary Patent Package via two actions at the CJEU ( C-146/13 and C-147/13 against the European Parliament and the European Council). In what has been a relatively quiet few months for news relating to the unitary patent and the unified patent court, IPcopy was looking forward to 21 October 2014 which was when the Advocate General was expected to publish the AG’s opinion on the two Spanish actions.
However, the IPO’s monthly newsletter IP Connect is now reporting that publication of the AG’s opinion will not take place in October and no revised date has been given (see page 5 of the October IP Connect). What does this mean? Perhaps the AG is just busy but maybe there are issues with the opinion and its potential impact on the Unitary Patent Package or perhaps the EPO’s role in the system. We’ll keep an eye out for further news on this issue but if anyone knows more please feel free to chime in below in the comments section.
Mark Richardson 6 October 2014
As reported here previously, Spain is challenging both of the regulations that create the unitary patent. The CJEU heard the action brought by Spain on 1 July 2014 and a report of the hearing has popped up on an Allen & Overy eAlert (Luisa Deas from A&O was at the CJEU hearing).
Dr Ingve Björn Stjerna is a German attorney operating in the area of patent litigation. Ingve has been following the progress of the unitary patent system with a keen eye and may be familiar to readers as the author of the articles: “Law-making in camera, article on the doubtful understanding of transparency and democracy in the legislative process for the “unitary patent” package” and the optimistically titled “The “sub-sub-suboptimal compromise” of the EU Parliament, article on the Special Meeting of the Legal Affairs Committee on 19 November 2012”.
Ingve has recently dropped IPcopy a couple of notes to highlight a couple of new entries on his website. (more…)