The Advocates General's Statement on the Planned Unified European Patent Court System (updated)
Advocatus Diaboli interwiewing witness
The first persons that were honoured by the Christian Church as saints
were their early martyrs. Later also other people were recognised as saints upon approval
by a local bishop. In medieval times, the act of canonization by which a deceased
person is declared to be a saint was reserved to the Holy See as a conclusion of a long
process requiring extensive proof on the candidate's exemplary and holy life. In order to formalise and to improve the canonisation
process, Pope Sixtus V. established the Office of the Promotor Fidei in 1557, popularly known as “Advocatus Diaboli”, who is a canonical lawyer whose task is to make the argument against canonization of a candidate
by looking for weaknesses in the evidence for the miracles attributed to the
From a more global point of view, the person taking the role of an “Advocatus Diaboli” assesses the quality of the original argument and,
by this, either improves or abandons the original position.
Now, within the more profane context of European patent politics, the Statement of Position by the Advocates General regarding the request of the EU Council for an opinion of the Court
of Justice of the European Union (CJEU) on the planned European Patent and the European and EU Patent Court (EEUPC) has made publicly available. While the Statement
says that it has been presented already on 2 July 2010, the general public had to be patient until 19 August 2010 when the eagerly awaited
Advocates General’s Statement has finally been found and published on the
EPLAW blog (see Opinion 01/09, Statement of
Position, originally in French or informal English translation).
It is amazing how such important documents of EU authorities are “published” in a hide-and-seek way so that it takes another six weeks to
find them on some EU internet servers. I have to agree with a related remark on the IPJur blog,
according to which these are “childi...