Miraculous Sausages: The Unitary Patent on the Finishing Straight

[The making of EU legislation according to Otto von Bismarck] A miracle is an event attributed to divine intervention. As this may or may not be true in the real world, on 'Spaceship Brussels' an unexpected progress usually is not the result of God's own hand but, rather profanely, of tactical skills to recognise and political assertiveness to utilise a favourable strategical situation for finding allies, offering horse trades and, finally, achieving a political benefit. But given the latest front lines in the negotiations for the Unitary Patent and Unified Patent Court, we must confess that finding a compromise between the diametrically opposed positions of the EU Council and the JURI committee with respect to the legal supervision of the CJEU over substantive EU patent law (see earlier posting) would be a miracle indeed. The dilemma started on the European Council summit on 28/29 June 2012, as UK Prime Minister David Cameron could push through that Articles 6 to 8 of the UPP Regulation be deleted to the effect that substantive patent law would not anymore be subject to CJEU supersision. The European Parliament and its legal committee (JURI) were strongly irritated and willing to refuse any text in which the CJEU has not the final say about the EU patent system (see e.g. here or there). But nevertheless, such a divine compromise may have been found in COREPER on 19 November 2012 under the Cyprus Council Presidency in the form of a new Article 5a UPP, replacing former Articles 6 to 8 (see press release). The most recent drafts thus are: UPC Agreement, draft dated 14 November 2012 (Document 16222/12), UPP Regulation, undated draft of 19 November 2012 (leaked Document sent from COREPER to JURI) ...Zum vollständigen Artikel


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