Advocates General

  • ECJ Opinion on European Patent Court System Announced for 08 March 2011

    … and who have very little patent experience or expertise. Such is the separation of powers, of course. When writing about opinions delivered by advocates-general it is usual to say that it is rare that the ECJ disagrees with them to any great extent. And this is true. It is rare; but it's not unheard of. There will be a lot of people in Europe hoping this will be one of those occasions and quite a few folk in two southern European countries who hope that it is not. …

    Visae Patentes- 8 Leser -
  • ECJ Opinion on European Patent Court System Announced for 08 March 2011

    …. Beyond this the controversial legal basis between the Member States about the court system as a whole, and particularly with respect to the combined jurisdiction for EU and EP patents will most probably be addressed by the Court and can hardly be resolved to the satisfaction of all Members. Later, the Advocates General's preparatory (and non-binding…

    Visae Patentes- 35 Leser -

  • Anti-Patent Campaigners of FFII Suggest that OHIM Should be in Charge of Coming EU Patent

    …). As to the three-language regime of the proposed EU patent, the Advocate General explained under § 121, that "this linguistic system appears to be unacceptable with regard to observance of the rights of defence". Consequently, a negative opinion of the CJEU on the EEUPC would severely affect the efforts to implement the EU patent by enhanced cooperation. Without the CJEU's clear signal that the EEUPC will actually come, an EU patent would be of very limited value at the time being.…

    Visae Patentes- 27 Leser -
  • The Advocates General's Statement on the Planned Unified European Patent Court System

    … 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…

    Visae Patentes- 25 Leser -
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