Dr. Ingve Björn Stjerna, LL.M.

EU Patent Reform: No “Light on the Horizon”,

Article on the compromise proposal of the Cypriot Presidency of 19/11/2012 (Published on 26/11/2012)


Contents:

In an extraordinary meeting on 19 November 2012 the Legal Affairs Committee of the European Parliament („JURI“) has deliberated a compromise proposal of the Cypriot Presidency of the Council with regard to the next steps in terms of the creation of a European unitary patent. In this meeting, from which the public was once more excluded, “overwhelming support” for the proposal is said to have been communicated. A good reason to take a closer look at this compromise. Already upon first sight, the compatibility with the requirements set out by the Legal Affairs Committee itself appears doubtful.

  • Download English version (article of 26/11/2012, updated on 04/12/2012, PDF)
  • Download German version (article of 26/11/2012, updated on 04/12/2012, PDF)



Sources used:

  • Link to the video recording of the Legal Affairs Committee meeting on 11/10/2012.
  • Link to the article Stjerna, “The European Patent Reform – Failed for Now” (PDF).
  • Link to the Cyprus Council Presidency’s press statement “Unitary patent closer to the finishing line”, 20/11/2012.
  • Link to document “New Article 5a of the Regulation on Unitary Patent Protection” (PDF).
  • Link to S&D press statement of 11/12/2012 “Rapkay: „Weg frei für das EU-Patent“ – Europäisches Parlament verabschiedet Patent-Paket” (“Green light for the EU patent – European Parliament adopts patent package”) (PDF, German).
  • Link to the article “Live Update: Competitiveness Council has reached an agreement on the patent package” on the IPKat blog.
  • Link to the video recording of the Legal Affairs Committee meeting on 21/11/2011.
  • Link to the video recording of the Legal Affairs Committee meeting on 10/07/2012.
  • Link to document SJ-0462/12, Legal Opinion by the Legal Service of the EU Parliament on the deletion of Art. 6 to 8 (PDF).
  • Link to the article by Prof. Winfried Tilmann, “The Battle about Articles 6–8 of the Union-Patent-Regulation”.
  • Link to the video recording of the Legal Affairs Committee meeting on 26/11/2012.
  • Link to the article by Hilty/Jaeger/Lamping/Ullrich, “The Unitary Patent Package: Twelve Reasons for Concern” (PDF).
  • Link to the article “Daniels in the lions’ den: can they avert a disaster of Biblical proportions?” on the IPKat blog.


Further material:

  • 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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