Recently, the European Commission has published Document COM(2011) 215/3 titled Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL implementing enhanced cooperation in the area of the creation of unitary patent protection. Council Decision 2011/167/EU (March 22, 2011 - Official Journal of the European Union L 76/53) authorised the Member States listed in its Article 1 to establish enhanced cooperation in the area of the creation of unitary patent protection. Article 118 (1) TFEU provides for the legal basis for creating European intellectual property rights providing uniform protection throughout the Union by means of a regulation adopted by the European Parliament and the Council, acting in accordance with the ordinary legislative procedure.
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European patent with unitary effect