The prearranged affair,

Article on the deliberate instrumentalisation of doubtful scientific assessments in the legislative procedure on the European patent reform (07/03/2018, updated on 08/03/2018)

Before and during the legislative procedure on the European patent reform, the proponents of the creation of a European unified patent judiciary have justified its necessity predominantly with a significant savings potential and a very favorable cost-benefit ratio. This was based on the results of a single scientific report, ordered and paid for by the European Commission, that, being criticized as methodically doubtful and incomplete, relied on assumptions and projections in central aspects, e. g. in relation to the costs of proceedings at the Unified Patent Court (“UPC”). Having regard to the actual design of the UPC, the economic advantages envisaged for it at that time can be assumed to be unfounded. The report and the mechanism in which it was used to push through an apparently desired legislative project against any opposition and at any cost will be examined in more detail afterwards.

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  • Download German version (Article of 07/03/2018, updated on 08/03/2018, PDF)


Resources:

  • Link to the report “Economic Cost-Benefit Analysis of a Unified and Integrated European Patent Litigation System” by Prof. Dietmar Harhoff (PDF)
  • Link to the report “The Unified Patent Court: help or hindrance?” of the UK House of Commons European Scrutiny Committee (PDF)
  • Link to Dimitris Xenos, “The European Unified Patent Court: Assessment and Implications of the Federalisation of the Patent System in Europe”; in: Scripted 2013, 246 ff. (PDF)
  • Link to Deloitte, “Analysis of the potential economic impact from the introduction of Unitary Patent Protection in Poland” (PDF)
  • Link to the reply by Commissioner Michel Barnier on 23/02/2013 to a Parliamentary question posed by MEP Nikolaos Chountis on 10/12/2012 on the “Unitary patent protection regime“ (PDF)
  • Link to the study by the European Commission “Preliminary Findings of DG Internal Market and Services – Study on the Caseload and financing of the Unified Patent Court” (PDF)
  • Link to the study „Patent Litigation in Europe“ by Zentrum für Europäische Wirtschaftsforschung (ZEW) from September 2013 (PDF)
  • Link to the Document “Rules on Court fees and recoverable costs” of 16/06/2016 (PDF)
  • Link to the Rules of Procedure of the Unified Patent Court 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 IP Federation’s communication “Unitary Patent and Unified Patent Court” of 13/02/2013
  • Link to the IP Federation’s communication “UK ratification of the Unified Patent Court Agreement” of 26/02/2018