Dr. Ingve Björn Stjerna, LL.M.

EU Patent Reform: Squaring the circle after the “Brexit” vote,

Article on the impact of the outcome of the British referendum on leaving the EU on the European patent reform (Published on 19/09/2016, updated on 15/12/2016)


Contents:

The majority vote of the British electorate in favor of leaving the European Union has delivered a serious blow to the European patent reform. The usual protagonists nonetheless immediately started advocating for an instant ratification of the Agreement on a Unified Patent Court (“UPCA”) by the UK, now even deeming possible the participation of a non-EU member which so far, due to CJEU opinion 1/09, was held to be excluded by the same people. When looking at the situation from a less biased perspective, a UPCA with the UK may only be possible after a structural revision of the Agreement.

  • Download English version (Article of 19/09/2016, supplemented version of 15/12/2016)
  • Download German version (Article of 19/09/2016, supplemented version of 15/12/2016)


Sources used:

  • Link to the report „Brexit: Letzte große Hürde für das neue europäische Patentsystem“ (“Brexit: The last challenge for the new European patent system”) of 01/04/2016 at www.juve.de (German).
  • Link to the interview of Legal IQ with Kevin Mooney on “What does the future hold for the UPC?”, published in July 2016 (PDF).
  • Link to the article Stjerna, “The European Patent Reform – The expert teams of the Preparatory Committee” (PDF).
  • Link to the statement of Willem Hoyng on “Does Brexit mean the end of the UPC?” (24/06/2016).
  • Link to the report „Europäisches IP-Schwergewicht: Reimann Osterrieth und Hoyng Monegier fusionieren“ (“European IP heavyweight: Reimann Osterrieth and Hoyng Monegier to merge”). of 01/06/2015 at www.juve.de (German).
  • Link to the article “A possible way for a non-EU UK to participate in the Unitary Patent and Unified Patent Court” of 28/06/2016 on the IPKat-Blog.
  • Link to the article Stjerna, “The European Patent Reform – The peculiar silence of the German professional associations” (PDF).
  • Link to the editorial of the German periodical “GRUR” (German).
  • Link to the article by Prof. Winfried Tilmann “EUCJ-Opinion 01/09 – Analysis and Consequences” of 05/04/2011 (PDF).
  • Link to the article “Experts analyse participation post-Brexit UK in Unitary Patent system” of 29/06/2016 on the Kluwer Patent blog.
  • Link to the document “Concerns of Principle” by a subgroup to the “European Patent Reform Consultation Group” (PDF).
  • Link to the study by Luke McDonagh, Exploring Perspectives of the Unified Patent Court and Unitary Patent Within the Business and Legal Communities, published in July 2014 (PDF).
  • Link to Council document 14970/08 of 04/11/2008 (PDF).
  • Link to Council document 15487/08 of 10/11/2008 (PDF).
  • Link to Council document 11125/09 of 18/06/2009 (PDF).
  • Link to CJEU opinion 1/09 of 08/03/2011 at curia.europa.eu.
  • Link to Council document 13984/11 of 09/09/2011 (PDF).
  • Link to the Commission Legal Service “Note to Ms. Margot Fröhlinger – Possible solution for the European and EU Patent Court (EEUPC) replying to the concerns raised by the Court of Justice of the EU (CJEU) in its Opinion 1/09” of 18.04.2011 (PDF).
  • Link to Council document 10630/11 of 26/05/2011 (PDF).
  • Link to Council document 11533/11 of 14/06/2011 (PDF).
  • Link to Council document 13751/11 of 02/09/2011 (PDF).
  • Link to Council document 13751/11 COR1 of 15/09/2011 (PDF).
  • Link to Council document 15856/11 of 21/10/2011 (PDF).
  • Link to the article Stjerna, “The European Patent Reform – Law-making in camera” (PDF).
  • Link to the article Stjerna, “The European Patent Reform – Council allows access to withheld documents” (PDF).
  • Link to CJEU decision C-62/14 of 16/06/2015 at curia.europa.eu.
  • Link to the article Stjerna, “The European Patent Reform – A poisoned gift for SMEs” (PDF).
  • Link to the article by Prof. Thomas Jaeger “What’s in the unitary patent package?” (Max Planck Institute for Innovation and Competition Research Paper No. 14-08) on www.ssrn.com (PDF).
  • Link to the article by Prof. Thomas Jaeger “All Back to Square One?” (Max Planck Institute for Intellectual Property & Competition Law Research Paper No. 12-01, = IIC 2012, 286) at www.ssrn.com (PDF).
  • Link to the article by Hilty/Jaeger/Lamping/Ullrich, “The Unitary Patent Package: Twelve Reasons for Concern” (Max Planck Institute for Intellectual Property & Competition Law Research Paper No. 12-12) at www.ssrn.com (PDF).
  • Link to Council Document 12704/11 of 11/07/2011 (PDF).
  • Link to the article Stjerna, “The European Patent Reform – Failed for Now” (PDF).
  • Link to the article Stjerna, “The European Patent Reform – New problems ahead?” (PDF).
  • Link to the article Stjerna, “The European Patent Reform – The sub-sub-suboptimal compromise of the EU Parliament” (PDF).


Further material:

  • Link to the article Stjerna, “The European Patent Reform – The Gordon/Pascoe Opinion and the UPCA’s incompatibility with Union law” (PDF).
  • Link to the article Stjerna, “The European Patent Reform – The British ratification paradox” (PDF).
  • Link to the article Stjerna, “The European Patent Reform – UPCA participation of the UK despite EU exit?” (PDF).
  • Link to the article Stjerna, “The European Patent Reform – The »withdrawn« ratification of the UPCA and its protocols by the United Kingdom” (PDF).
  • Link to the post Stjerna, “The European Patent Reform – The »forgotten« documents of the Preparatory Committee of the Unified Patent Court”.
  • Link to Stjerna, Official information obtained under the German Federal Freedom of Information Act.
  • Link to Stjerna, The Parliamentary History of the European “Unitary Patent” (Tredition 2016), the foreword can be viewed here.


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