Representation Before The Future European and EU Patents Court (EEUPC)

At the EU Competitiveness Council on 4 December 2009, the Swedish EU presidency had achieved a "political breakthrough" (see press release) in negotiations concerning the Community Patent (now EU Patent).Among the key elements agreed on was a Draft Regulation on the EU patent, according to which the EU will accede to the European Patent Convention as a contracting state, and patents granted by the EPO will, when validated for the EU, have unitary effect in the territory of the EU. However, the agreed package did not comprise a solution to the controversal translation arrangements for the EU patent, which still is subject to intense political negotiations (see e.g. here and here). Also in the the complementary Draft Agreement on the European and Community Patents Court (now European and European Union Patent Court, EEUPC), proposed by the Czech Presidency on 23 March 2009, a number of issues remained open, including the composition of the panels, the competence of the divisions of the Court of First Instance, the notion of technical judges and the language regime. In June 2009, the Council submitted a request to the European Court of Justice on the compatibility of the draft agreement with the EU treaties, on which an opinion is not expected before summer 2010 at the earliest. And there is another intense debate among stakeholders relating to the regulation of representation before the new EEUPC, which is controversally discussed among the legal professions involved - lawyers (attorneys-at-law) and patent attorneys. The related paragraphs 1 to 2 of Article 28 (Representation) of the Draft Agreement read:
(1) Parties shall be represented by lawyers authorized to practise before a court of a Contracting State ...
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