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Loyer&Abello Paris Cabinet d'avocats propriété intellectuelle

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SENATE REPORT ON THE EUROPEAN PATENT COURT Litigation department
6 September 2009

The Senate Commission of Laws gave a positive opinion about the implementation of a unified international Court having jurisdiction both over European patents and the forthcoming community patents. European competitiveness would therefore be strengthened but this implementation gives rise to several legal issues which must be solved, in particular the compatibility with the EC treaty. The Commission decided to update the resolution by taking into account these issues. It was decided to mention them and to approve the seizure of the Court of Justice, proposed by the resolution. Moreover, the reference to the Commission’s process should be suppressed, in that the text is about a non-definite draft agreement. However, the negotiation aimed at the creation of a unified dispute resolution system for patents should go on.

The Commission adopted the proposition of resolution, after update.

You can read the report written by Mr. Antoine Lefèvre here (French only).

 

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