The Unitary EU Patent System

Justine Pila, Christopher Wadlow, Justine Pila, Christopher Wadlow

• Publisher: Hart Publishing
• Year: 2015
• Print ISBN: 9781509914173
• eBook ISBN: 9781782255062
• Edition: 1
• Topic: Law
• Subtopic: Intellectual Property Law
• Index: Law

The purpose of this book is to explore the key substantive, methodological, and institutional issues raised by the proposed unitary EU patent system contained in EU Regulations 1257/2012 and 1260/2012 and the Unified Patent Court Agreement 2013. The originality of this work lies in its individual contributions and uniquely broad approach, taking six different (historical, constitutional, international, competition, institutional and forward-looking) perspectives on the proposed patent system. This means that the book offers a multi-authored and all round legal appraisal of the proposed unitary system from experts in patent law, EU constitutional law, private international law, and competition law, as well as leading figures from the worlds of legal practice, the bench, and the European Patent Office. The unitary patent system raises issues of foundational importance in the fields of patent and intellectual property law, EU law and legal harmonization, which it is the purpose of the book to engage with.

This is a work which will enjoy wide and enduring interest among academics, policy makers and decision makers/practitioners working in patent law, intellectual property law, legal harmonization, and EU law.

Table of contents

• Cover
• Half-title
• Title
• Copyright
• Preface
• Contents
• List of Abbreviations
• List of Contributors
• Table of Cases
• Table of Legislation
• Table of International Instruments
• 1. Introductory Remarks: A Judicial Perspective
• 2. An Historical Perspective I: The Unitary Patent Package
• 3. An Historical Perspective II: The Unified Patent Court
• 4. An Institutional Perspective I: The Role of the EPO in the Unitary (EU) Patent System
• 5. An Institutional Perspective II: The Role of the CJEU in the Unitary (EU) Patent System
• 6. A Constitutional Perspective
• 7. A Competition Law Perspective I: Competition Law Aspects of European Patents with Unitary Effect
• 8. A Competition Law Perspective II: The Relationship between Patents and Competition Rules
• 9. An International Perspective I: A View from the United States
• 10. An International Perspective II: A View from Private International Law
• 11. Looking Forward: A User Perspective
• 12. Concluding Remarks
• Index