Blow to push for single EU patent regime

Efforts to establish a single patent system for Europe were dealt a blow on the 8 March 2011 by the European Court of Justice.

The ECJ ruled that draft plans to create a specialised EU-wide patent court structure were not compatible with EU law. It said that these would alter 'the essential character' of the powers conferred on EU institutions and member states, which were 'indispensable to the preservation of the very nature of EU law'.

EurActiv, 9.3.11: EU court rejects cornerstone of EU patent plan http://www.euractiv.com/en/enterprise-jobs/eu-court-rejects-cornerstone-eu-patent-plan-news-502891

EPO: Law & practice: Legislative initiatives: European Patent Litigation Agreement http://www.epo.org/law-practice/legislative-initiatives/epla.html

EPO: News & issues: Patenting issues: EPLA http://www.epo.org/news-issues/issues/epla.html

ECJ: Press Release, No.17, 2011: Opinion 1/09: The draft agreement on the creation of a European and Community Patent Court is not compatible with European Union law http://curia.europa.eu/jcms/upload/docs/application/pdf/2011-03/cp110017en.pdf

EUObserver, 8.3.11: EU insists court decision won't delay European patent http://euobserver.com/9/31943

European Commission; RAPID: Press Release: IP/11/269: Patent Court: the Commission welcomes the delivery of the Court of Justice's opinion http://europa.eu/rapid/pressReleasesAction.do?reference=IP/11/269&format=PDF&aged=0&language=EN&guiLanguage=en

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