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The UPC Judge as EU Judge

The UPC Judge as EU Judge

Author: Gerben Hartman
Publisher: Kluwer Law International
ISBN: 9789403517193
Published In: September 2025
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,317.36

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Description
Contents

Details

The UPC Judge as EU Judge is a book pursuing the question of how the Unified Patent Court (UPC) may cooperate, ‘as any national court’, with the Court of Justice of the European Union (CJEU) in accordance with the EU constitutional framework. After a decade of legal challenges, setbacks and delays, the (UPC) came into existence on 1 June 2023 as a court common to – at present – eighteen participating EU Member States. The UPC is uniquely responsible for its decisions on the application and interpretation of EU law in actions relating to patents and supplementary protection certificates within its exclusive competence, in particular concerning European patents with unitary effect.

What’s in this book:

In response to this complex question, the author provides an in-depth analysis of the following issues:

what role the UPC, like any national court of a Member State, plays in the EU legal order and its judicial system
whether the UPC may overcome the constitutional issues identified in Opinion 1/09 on an international patent court
how the need to accord with the EU constitutional framework limits an international court established by an international agreement with non-EU States
under which conditions the UPC has the power or obligation to refer questions to the CJEU, in accordance with Article 267 of the Treaty on the Functioning of the European Union (TFEU) in particular, and
whether effective remedies are available under EU law if a decision of the UPC infringes EU law

Each of these issues is substantiated and clarified through detailed case studies and empirical research on the parties’ written submissions, hearing reports, opinions, decisions and related writings of judges, lawyers, and scholars.

How this will help you:

This book provides a forward-looking and thorough examination of the basic conditions for cooperation between the UPC and the CJEU, as well as of the mechanisms for ensuring compliance with those conditions and remedying infringement thereof. It seeks to help foster sincere cooperation to ensure effective legal protection of individuals’ rights conferred by EU law in the patent field. The book will prove beneficial to judges, legal representatives, and parties in patent-related proceedings. In addition, as a study of the EU judicial cooperation system in the framework of EU, international and national law, its relevance beyond the UPC context will appeal to a broader audience of international law and EU law practitioners or scholars.

About the Author

List of Abbreviations

Foreword

Abstract

General Introduction

I Background

II Main Research Question, Sub-Questions and Structure

III Methodology

IV Relevance

Chapter 1 Prelude. The Pivotal Role of the Courts of the Member States in the EU Legal Order and Its Judicial System

Chapter 2 Interlude. Opinion 1/09 and the Accentuation of the Indispensable Role of the National Judge as EU Judge Within the EU Constitutional Framework

Chapter 3 Postlude. Clarification and Justification of the Role of the International Judge ‘Not as EU Judge’ Without the EU Constitutional Framework

Chapter 4. The UPC’s Power or Obligation to Refer Questions to the Court of Justice in Accordance with the EU Constitutional Framework

Chapter 5. Remedies for Infringement of EU Law by Decisions of the UPC

Conclusions

Annex

Bibliography

Instruments of Law

Table of Cases