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Enforcement Of European Patents
European patents are granted by the European Patent Office (EPO) under the legal provisions of the European Patent Convention (EPC). However, European patents are enforced at a national level, i.e. on a per-country basis, or, since June 1, 2023, before the Unified Patent Court (UPC). Under , "any infringement of a European patent shall be dealt with by national law," with the European Patent Office having no legal competence to deal with and to decide on patent infringements in the Contracting States to the EPC. A few, limited aspects relating to the infringement of European patents are however prescribed in the EPC. Proposals have been long discussed to create a true unitary European patent system across Europe and especially across the European Union (EU), i.e. a European patent system wherein the enforcement of European-wide patents would be dealt at a supranational level rather than at a national level. These projects include the European Union patent (formerly named "Commu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Patent Office
The European Patent Office (EPO) is one of the two organs of the European Patent Organisation (EPOrg), the other being the Administrative Council. The EPO acts as executive body for the organisationGower's Report on Intellectual Property , para 1.34 while the Administrative Council acts as its supervisory body as well as, to a limited extent, its legislative body. The actual legislative power to revise the lies with the Contracting States themselves when meeting at a Conference of the Contracting States. Within the European Patent Office, [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Patent With Unitary Effect
European, or Europeans, may refer to: In general * ''European'', an adjective referring to something of, from, or related to Europe ** Ethnic groups in Europe ** Demographics of Europe ** European cuisine, the cuisines of Europe and other Western countries * ''European'', an adjective referring to something of, from, or related to the European Union ** European Union citizenship ** Demographics of the European Union In publishing * ''The European'' (1953 magazine), a far-right cultural and political magazine published 1953–1959 * ''The European'' (newspaper), a British weekly newspaper published 1990–1998 * ''The European'' (2009 magazine), a German magazine first published in September 2009 *''The European Magazine'', a magazine published in London 1782–1826 *''The New European'', a British weekly pop-up newspaper first published in July 2016 Other uses * * Europeans (band), a British post-punk group, from Bristol See also * * * Europe (other) * The Europ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brussels Regime
The Brussels Regime is a set of rules regulating which courts have jurisdiction in legal disputes of a civil or commercial nature between individuals resident in different member states of the European Union (EU) and the European Free Trade Association (EFTA). It has detailed rules assigning jurisdiction for the dispute to be heard and governs the recognition and enforcement of foreign judgments. Instruments Five legal instruments together form the Brussels Regime. All five legal instruments are broadly similar in content and application, with differences in their territory of application. They establish a general rule that individuals are to be sued in their state of domicile and then proceed to provide a list of exceptions. The instruments further provide for the recognition of judgments made in other countries. Brussels Convention (1968) Recognition and enforcement of judgments in civil and commercial cases was originally accomplished within the European Communities by the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Court Of Justice
The European Court of Justice (ECJ), officially the Court of Justice (), is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and is based in Luxembourg. It is composed of one judge per Member State – currently – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national court to apply the resulting interpre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dieter Stauder
Dieter Stauder (born 1940) is a German attorney-at-law and an expert in intellectual property law. He was the Director of the International Section of the Centre for International Industrial Property Studies ( or CEIPI), which is a part of the University of Strasbourg, France, from 1992 to 2007. Ingo Kober, CEIPI News'', Speech at the occasion of the retirement of Dieter Stauder from his post of Director of the International Section of the CEIPI, ''epi Information'' 1/2007, pp 10-12 From 1992 to 2005, he was member of the European Patent Office. He also worked as an attorney-at-law with the firm Bardehle Pagenberg Dost Altenburg Geissler.* at Bardehle Pagenberg He coauthored the 1200-page book "Singer/Stauder, ''The European Patent Convention, A Commentary'', 2003", which was considered as an international reference book on the European Patent Convention. He has published at least 100 academic papers. Bibliography * Singer/Stauder, ''The European Patent Convention. A Commentary' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Claims Under The European Patent Convention
Article 84 of the European Patent Convention (EPC) specifies that the "matter" for which patent protection is sought, i.e. requested, in an application - the purported invention - shall be stated ("defined") in the claims. This legal provision also requires that the claims must be clear and concise, and supported by the description. The function, form and content of the claims are defined by Article 84 supplemented by . The wording of Article 84 is as follows: The claims shall define the matter for which protection is sought. They shall be clear and concise and be supported by the description. Rationale The EPC requires that the claims be clear (for example the claim wording cannot be obscure) and define the matter for which protection is sought in terms of the technical features of the invention., The rationale behind this requirement is to ensure that the public is not left in any doubt as to which subject-matter is covered by a particular patent and which is not. That is, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Patent Litigation Agreement
The draft European Patent Litigation Agreement (EPLA), or formally the Draft Agreement on the establishment of a European patent litigation system, was a proposed patent law agreement aimed at creating an "optional protocol to the European Patent Convention (EPC) which would commit its signatory states to an integrated judicial system, including uniform rules of procedure and a common appeal court". It differed from the Unified Patent Court Agreement in that the EPLA negotiations were coordinated from the side of the European Patent Office, rather than from the European Council and Commission and therefore also offered the possibility for non-EU states to participate. The EPLA was a proposed alternative to a set of proposed Community patent regulations. The European Commission regarded the negotiations on the EPLA as unlawful, although in 2006 it had gained a considerable ground among patent practitioners and national patent judges. The EPLA proposal was essentially dropped in 20 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Patent Convention
The European Patent Convention (EPC), also known as the Convention on the Grant of European Patents of 5 October 1973, is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted. The term ''European patent'' is used to refer to patents granted under the European Patent Convention. However, a European patent is not a unitary right, but a group of essentially independent nationally enforceable, nationally revocable patents, subject to central revocation or narrowing as a group pursuant to two types of unified, post-grant procedures: a time-limited opposition procedure before the European Patent Office, opposition procedure, which can be initiated by any person except the patent proprietor, and limitation and revocation procedures, which can be initiated by the patent proprietor only. The EPC provides a legal framework for the granting of European patents, via a single, harmonised p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Union Patent
The European patent with unitary effect, also known as the unitary patent, is a European patent which benefits from unitary effect in the participating member states of the European Union. Unitary effect means the patent has a common legal status throughout all the participating states, eliminating scenarios in which a patent may be invalidated by courts in one participating member state yet upheld by courts in another. Unitary effect may be requested by the proprietor within one month of grant of a European patent, replacing validation of the European patent in the individual countries concerned. Infringement and revocation proceedings are conducted before the Unified Patent Court (UPC), which decisions have a uniform effect for the unitary patent in the participating member states as a whole rather than in each country individually. The unitary patent may be only limited, transferred or revoked, or lapse, in respect of all the participating Member States. Licensing is however ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supranational Level
A supranational union is a type of international organization and political union that is empowered to directly exercise some of the powers and functions otherwise reserved to states. A supranational organization involves a greater transfer of or limitation of state sovereignty than other kinds of international organizations. The European Union (EU) has been described as a paradigmatic case of a supranational organization, as it has deep political, economic and social integration, which includes a common market, joint border control, a supreme court, and regular popular elections. Another method of decision-making in international organisations is intergovernmentalism, in which state governments play a more prominent role. Origin as a legal concept After the dropping of atomic bombs on Hiroshima and Nagasaki in August 1945, Albert Einstein spoke and wrote frequently in the late 1940s in favour of a "supranational" organization to control all military forces except for loc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
