The Deficiencies of the EU Legislative Process for Implementing a Unified Patent Infrastructure

In a series of four postings on our ksnh::law blog we comment on both the latest developments of the negotiations for a Unified Patent Court Agreement at the recent Competitiveness Council Meeting and its future perspective before the background of Europe's looming financial crisis: Intransparent Wheeling And Dealing re Unified Patent Court: Shouldn’t We Be Tired Of Being Put Off? Will EU Unified Patent Court Decision Depend On Emergency Of EU Euro Crisis? Striking Deficiencies of the EU Legislative Process for Implementing a Unified Patent Infrastructure Is the Implementation of an accepted EU Patent Systemthe Litmus test for Europe’s capacity for efficient policy-making? Below please find a short overview of the main facts and observations raised therein: Document 10362/12 summarises the poor result that once more no political solution was reached. Its crucial passage reads
The Council held a preparatory debate in order to gather consensus on the location of the seat for establishing a unified patent court, with a view to a successful decision on the seat by the European Council at its meeting on 28-29 June 2012.
It is apparent that the political actors in the EU Council and the Polish and Danish Council Presidencies have meanwhile completely stopped to listen to expert advice and now try force a breakthrough by some purely political decision on the seat of the central division of the Unified Patent Court, as for a couple of months now the official line of argumentation is that all problems but the seat of the central division are solved (see e.g. Commission President José Manuel Barroso's press release) ...Zum vollständigen Artikel


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