Dec 032020
 

1) eur-lex – access to European law – i) unitary patent agreements; (ii) Translation Agreements 4) Eur-lex – Regulations authorizing enhanced cooperation in the creation of unitary patent protection In June 2017, German lawyer Ingve Stjerna filed a constitutional appeal against the German law on the Unitary Patent Treaty. After receiving the complaint, the Federal Constitutional Court asked Federal President Frank-Walter Steinmeier not to sign the law. Steinmeier complied and ratification was suspended. [128] [129] The complaint referred to a violation of the right to democracy, “democratic deficits and the rule of law with respect to the regulatory powers of upC bodies,” “the absence of an independent judicial system within the UPC” and the UPC`s non-compliance with EU law. [130] [131] It was assumed that the last reason for the complaint, the alleged incompatibility of the UPC agreement with EU law, could lead the Federal Constitutional Court to refer one or more questions to the European Court of Justice (ECJ), “which would mean an additional delay of at least 15-24 months”. [132] Stjerna did not comment publicly on the content of the complaint. However, he told JUVE magazine that he had “not received third-party support or financial support.” [133] The complaint was upheld on 20 March 2020 concerning the unconstitutionality of the parliamentary procedure authorising the agreement in the Bundestag. [134] In June 2020, the federal government introduced a new bill in Parliament to ratify the agreement by a required two-thirds majority. [135] Through its expertise, intimate relationship with clients and in-depth knowledge of patent specificities, EPAs can make an important contribution, ensuring a more in-depth assessment of the technical performance of business. This is an important argument for the granting of appropriate representation rights for EPAs. The competences of the European Patent Office remain unchanged.

A so-called opposition procedure, concerning the validity of the patent and not a violation, can also be filed with the European Patent Office for a period of nine months after the patent is issued. The decisions of the European Patent Office are valid in the territory where the European patent is valid, allowing it to cover 38 countries. In addition, regardless of the European Patent Office, countries can continue to issue their own national patents. Such patents are not tried before the Unified Patent Court. In accordance with the Preparatory Committee Roadmap, the final trial phase of the courts` computer system, ready for use, is expected to be completed in the fourth quarter of 2015. [44] The commissioning of the Tribunal`s operational computer system after a successful testing phase should be the final deciding point for when the tribunal can and will be operational. [45] Contracts for the start of this computer work have been signed, with the launch date being June 1, 2015. [46] Second, the integration of European patents aims to facilitate the completion of the internal market (art.

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