Dr. Ingve Björn Stjerna, LL.M.

EU Patent Reform: The dedication of the German Ministry of Justice to the UPC,

Article on the measures applied by the German Ministry of Justice and Consumer Protection for pushing through the European patent reform (Published on 27/03/2018)


Contents:

A key role in Germany’s influence on the European patent reform is played by the Federal Ministry of Justice and Consumer Protection (“Bundesministerium für Justiz und Verbraucherschutz”, “BMJV”) and its responsible Directorate III B 4, its head Johannes Karcher being represented in several involved committees. BMJV is also tasked with presenting the patent reform in the German public. In relation to the important issue of the Unified Patent Court procedural costs in particular, some protagonists are displaying a remarkable behavior: While pressing internally for the realisation of the ideas of the Preparatory Committee of the UPC and of its “Expert Panel” in a sometimes doubtful manner, all critical questions from the public are shrugged off. A report on BMJV’s intensive endeavors to help push through the EU patent reform.

  • Download English version (Article of 27/03/2018, PDF)
  • Download German version (Article of 27/03/2018, PDF)


Sources used:

  • Link to the article Stjerna, “The European Patent Reform – Prof. Tilmann, the old Roman god Janus and the requirements of Article 118(1) TFEU” (PDF).
  • Link to the CV of Johannes Karcher from fordhamipinstitute.com (PDF).
  • Link to the CV of Margot Fröhlinger from fordhamipinstitute.com (PDF).
  • Link to the “Roadmap of the Preparatory Committee of the Unified Patent Court” (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 Document 336/2014 (PDF, German).
  • Link to the UPC-PC communication “UPC Court Fees and Recoverable Costs“ of 26/02/2016.
  • Link to the document “Rules on Court fees and recoverable costs“ of 16/06/2016 (PDF).
  • Link to the article Stjerna, “The European Patent Reform – The expert teams of the Preparatory Committee” (PDF).
  • Link to Document 22/2015 (PDF, German).
  • Link to the UPC Rules of Procedure of 15/03/2017 (PDF).
  • Link to the document “Guidelines for the determination of Court fees and the ceiling of recoverable costs“ of 26/02/2016 (PDF).
  • Link to the BPatG distribution-of-business-plan of 01/03/2018 (PDF, German).
  • Link to the BMJV organisation plan of 15/02/2016 (PDF, German).
  • Link to Document 39/2016 (PDF, German).
  • Link to the article Stjerna, “The European Patent Reform – The prearranged affair” (PDF).
  • Link to the article Stjerna, “The European Patent Reform – A poisoned gift for SMEs” (PDF).
  • Link to the article Stjerna, “The European Patent Reform – The Parliamentary UPCA ratification proceedings in Germany” (PDF).
  • Link to Stjerna, The Parliamentary History of the European “Unitary Patent” (Tredition 2016).
  • E-Mail of BMJV of 04/08/2016 (PDF, German).
  • Link to document by Prof. Dietmar Harhoff, “Economic Cost-Benefit Analysis of a Unified and Integrated European Patent Litigation System“ (PDF).
  • Link to Commission document SWD (2015) 202 final of 28/10/2015 (PDF).
  • Link to Commission document COM (1997) 314 (PDF).
  • Link to Commission document COM (1999) 42 final (PDF).
  • Link to Commission document COM (2007) 165 final (PDF).
  • Link to the Resolution of the EU Parliament “Promoting innovation through patents“ of 19/11/1998 (PDF).
  • Link zu BT-Drucksache 18/9774 (PDF, German).
  • Link zu BT-Drucksache 18/9966 (PDF, German).


Further material:

  • Link to the article Stjerna, “The European Patent Reform – The German Ministry of Justice and the legal scrutiny of the UPCA and the draft legislation for its ratification” (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 German state powers in constitutional complaint proceedings 2 BvR 739/17 (Part 1 of 2)” (PDF).
  • Link to the article Stjerna, “The European Patent Reform – The German state powers in constitutional complaint proceedings 2 BvR 739/17 (Part 2 of 2)” (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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