The New European Patent

Author: Alfredo Ilardi
Publisher: Hart Publishing
ISBN: 9781849468336
Published In: May 2015
Format: Hardback
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

On 17 December 2012, following a complex negotiation which lasted 12 years, the European Parliament adopted Regulations (EU) 1257/2012 and 1260/2012 and the text of the Agreement on a Unified Patent Court (UPC Agreement). These instruments institute the ‘European patent with unitary effect’, the first unified system for the protection of inventions within the European Union. The two Regulations will be applicable after the entry into force of the UPC Agreement, which was signed on 19 February 2013 by 24 Member States of the European Union. This book traces the evolution of the idea behind the institution of the European patent with unitary effect, including a comparative analysis of the existing parallel regional and international procedures for the protection of inventions. It presents a synthesis of the different phases of the negotiations which led to the adoption of the first unitary patent system within the European Union. In addition it examines the provisions of the two Regulations, of the UPC Agreement and of the jurisdictional system under Brussels I Regulation. Finally, it reproduces in the Appendix the texts of Regulations (EU) 1257 and 1260/2012 and of the UPC Agreement.

1. Innovation and the Industrial Property Protection Systems in the European Union

2. Towards the Establishment of an Integrated European Patent System for the Protection of Inventions

3. The First Phase of the Negotiations for the Adoption of a Regulation on the Community Patent

4. The Second Phase of the Negotiations for the Adoption of a Regulation on the Community Patent: Enhanced Cooperation

5. Carrying out the Enhanced Cooperation

6. The European Patent with Unitary Effect

7. The Unified Patent Court

8. The Implementation of the UPC Agreement

Conclusion

Appendices

Alfredo Ilardi is former Head of the Collection of Laws and Treaties of the World Intellectual Property Organization.