9 March 2011

Court of Justice of the European Union Opinion on a European and Community Patent Court

Court of Justice of the European Union Opinion on a European and Community Patent Court

The Court of Justice of the European Union (CJEU) has now handed down its decision on the compatibility of the draft agreement for a harmonised European and Community Patent Court with the Treaties which established the European Community.

The CJEU’s decision is that the agreement as proposed in draft form is incompatible with the treaties of the European Union.

The draft proposal would have created a unified patent litigation system in Europe, providing a legal structure for litigating matters centrally across the European Union’s member states. The CJEU’s decision means that the hoped for unified patent courts in Europe is once again some way from reality.

Further discussion and analysis to be published in the D Young & Co online knowledge bank soon.

Visit the CJEU website.