Will the Unified EU Patent Court be Situated in Munich, or rather Warsaw?

Our today's article on the ksnh::law blog speculates a bit about whether or not the Unified Patent Court may go East, e.g. to Warsaw, Poland. An example of such a decision on where to locate may be seen in the purely political decision in the 1990s that the new Office for Harmonisation in the Internal Market (OHIM) should reside in Alicante, Spain - instead of the the much better prepared London - since it simply was Spain's turn to receive a major EU institution. In a couple of month's time, we will see the decision on where the first instance Central Division and the second instance Appeal Court of the EU Unitary Patent Court System will be located. Like London in case of the OHIM, this time Munich would from a pragmatic point of view be an excellent - if not the best - location in the EU, since this city has qualified (legal) judges, experienced technical judges, the German Federal Patent Court (Bundespatentgericht), the Eurpean Patent Office, the independent EPO Boards of Appeal, the renowned Max Planck Institute for Intellectual Property and Competition Law, and last but not least plenty of patent law organisations and firms within its borders that all play their role in an active and professional IP scene. However, the same kind of political vote that installed the OHIM in Alicante would now rather select a large and influencial country that does not have EU institution yet, for example – Poland. But this time it might be different, since Warsaw alredy was discussed as location of the Boards of Appeal of the EPO, once they obtain their organ…

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Themen: Ohim , Max Planck , Patent Law , Munich , Max Planck Institute , Warsaw , EU Patent Court , Unified Patent Court

Erschienen 21. Oktober 2011 auf http://www.visaepatentes.com.

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