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The Creation of Unitary Patent Protection in the European Union

 

Paris, 29 November 2012 – 30 November 2012
Language:

Event number:
212D70

Areas of law:

Patent law

Contents

The implementation of a unitary patent in the European Union requires the adoption of two Regulations; one on the creation of unitary patent protection (COM(2011)215) and a second on the applicable translation arrangements (COM(2011)216).

An international draft agreement that would have established a patent court system with exclusive jurisdiction for infringement and validity issues relating to both EU and traditional European patents was adopted by the Council in 2009. Considered by the CJEU as incompatible with the EU Treaties (Opinion 1/09), a new agreement on a Unified Patent Court restricting the Court Agreement to EU Member States was adopted in 2011. On 29 June 2012, the European Council reached an agreement on the location of the Unified Patent Court. The seat of the central division will be in Paris but two sections competent for specific cases will be created, one in London (for chemicals and pharmaceuticals) and one in Munich (for mechanical engineering).

The conference will offer a platform for discussion on the latest proposals which are now being discussed within the European Parliament.


Key topics on the unitary patent

  • Coexistence with European and national patents
  • Consequences of the unitary effect: rights conferred and limitations
  • Role of the European Patent Office (EPO)
  • Translation regime and system of compensation
  • Enhanced cooperation

Key topics on the unified patent litigation system

  • Main features since CJEU opinion 1/09 on the compatibility of the 2009 draft agreement with EU law
  • Functioning of the litigation system
  • Competences of the divisions of the UPC and optional bifurcation
  • Exclusivity, transitional arrangements and opt-out
A round table involving legal practitioners, experts and users of the patent system will discuss the impact of the new system.

Who should attend?

Judges, patent attorneys, IP practitioners and other business lawyers, as well as national and EU civil servants dealing with patent law issues.





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