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Intellectual Property Law

: IPKat

Another step towards the Community patent?

By Johanna Gibson, David Pearce, Jeremy Phillips and Ilanah Simon.

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Tucked away in Science Business is the news that the news that the European Commission has adopted a Recommendation to the Council that would provide the Commission with negotiating directives for the conclusion of an agreement creating a Unified Patent Litigation System (UPLS) - press release and document here. The envisages system would have 'a largely decentralised first instance, a single appeal instance and a role of the ECJ aimed at providing a consistent interpretation and application of Community law.' In particular, the ECJ would answer preliminary references from elsewhere in the UPLS structure.

The next step is for the ECJ to give its opinion on the arrangement, while work continues on the Community patent, and the relationship between the EPO and the EU.

This may not be everything that proponents of the Community patent would like, says the IPKat, but it looks like a good start.

Full post as published by IPKat on March 27, 2009 (boomark / email).

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