2019-Sustainable Industrial Processing Summit
SIPS2019 Volume 5: McNeil Intl. Symp. / Laws and their Applications for Sustainable Development
| Editors: | F. Kongoli, Y. Hayakawa, K. Oliver |
| Publisher: | Flogen Star OUTREACH |
| Publication Year: | 2019 |
| Pages: | 70 pages |
| ISBN: | 978-1-989820-04-9 |
| ISSN: | 2291-1227 (Metals and Materials Processing in a Clean Environment Series) |
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The Unitary Patent and the Unified Patent Court
Márcia Martinho da Rosa1;1ANJAP`S COMISSION FOR INTELLECTUAL PROPERTY AND NEW TECHNOLOGIES, LISBON, Portugal;
Type of Paper: Regular
Id Paper: 330
Topic: 61
Abstract:
Currently, the only way of obtaining protection in Europe is though the Convention of the European Patent, an international, unified way of obtaining national patents.
The protection of inventions through a system of patents is, as we know, an important factor of technical, scientific and economic development and it is a stimulus to innovation and competitiveness. By the craving of a common, the European Union has developed a competitive and balanced market in all its areas and places: regional and national (hence all the member-states). The European Union has an urgent need for a unified way of treating this matter, so it can offer a unitary system of patent protection to inventors and traders. This system would be unique in its procedures and its effects will be uniform, similarly to what has already happened with the very successful brand and model of the Community.
Since 1975, this unique title is being created through a process that has undergone several steps which, until now, have hindered the realization of such an aim.
The overall effects of patent production on all member-States of the former European Community has been observed by keeping the scope on the creation of a single patent. The Green Book suggested an innovative solution by proposing the creation of such a legal instrument through regulation (proper European Union legal instrument) and not through conventions or agreements between member states. This proposal consolidates itself into a means of integration for the effective implementation of a common market.
Following the Green Book, some Member States have advanced towards enhanced patent cooperation, which is still awaiting implementation and ratification by some member states
Subsequently, our analysis will focus on the material regime, limiting the analysis to the three main points currently under discussion to create a system of patent protection at the European Union's level:
i. European patent creation with unitary effect through a reinforced cooperation;
ii. The linguistic regime;
iii. The creation of a Unified Patent's Court of Law
The European Union is in a financial and market crisis, torn between trying to drive by an informal directory between great countries and their own domestic institution's claims. In addition to the cries of some of the other smaller member states, some of them are struggling to manage their own sovereign debt.
The Union as a whole lacks the urgent economic vitality to survive as a power in a global, competitive market full of new harsh players. Such economic vitality is also supported by maintaining and increasing research and innovation capability and by betting on new technologies and objectives that would be fully achieved with a unitary patent. The remaining difficulties of the implementation of the patent system, particularly in terms of the unavoidable language regime and the determined opposition from two medium-sized countries of the Union, there is still an unknown factor in this proposal. This is because we do not know whether these are the right proposals that will lead to a successful conclusion of the much desired, but just as difficult to achieve, unitary patent in the European Union.
The process for the implementation of the European Patent System through the new unitary effect and the establishment of the Unified Patent Court is still ongoing. We do not have a date for the execution of this patent system.
The European Union needs to close this process and set the date of the application of the UPC Agreement.