Androshchuk H.O. — PhD in Economics, Associate Professor, Chief Senior Researcher, Head of Laboratory of Legal Support of Science and Technology Research Institute of the National Academy of Legal Sciences of Ukraine Intellectual Property, 11 Kazуmirа Malevуchа Str., 4 Bldg., Kyiv, Ukraine, 03680; +38 (044) 200-08-76; email@example.com
Rabotiahova L.I. — Leading Researcher, Head of the Patent Law Branch of the Industrial Property Department Research Institute of the National Academy of Legal Sciences of Ukraine intellectual property, 11, Kazуmirа Malevуchа Str., Bldg. 4, Kyiv, Ukraine, 03680; +38 (044) 200-08-76; firstname.lastname@example.org
UNIFIED PATENT COURT OF THE EU: ORGANIZATIONAL AND ECONOMIC-LEGAL BASIS OF
Abstract. The EU’s system of patent law disputes resolution provides that disputes concerning the same European patent may be considered in parallel in different EU member states. To prevent such shortcomings from adversely affecting the transparency and functioning of the market, it was decided to establish a unified patent of the EU and to establish the Unified Patent Court of the EU. The required package of documents (“patent package”) is intended to make the most valuable changes in the legal regulation of the protection and defence of inventions in the EU over the past 40 years. The article considers the role and place of the Unified Patent Court (UPC) in the EU patent system. The organizational and economic-legal aspects of the creation and operation of a specialized patent court with exclusive jurisdiction for court proceedings related to European and unified EU patents; structure of the court; panel of judges; language of proceedings; financial activities; organizational and procedural provisions; litigation costs and fees are analyzed. It is emphasized that the economic factor is the key issue of the effective existence of the EU patent system. The experience of the Unified Patent Court creation will be interesting for Ukraine, which has chosen the path to create a specialized court in the field of intellectual property, because approximately one fifth of the Association Agreement with the EU concerns the unification of the legislation of Ukraine and the EU legislation in the field of intellectual property.
Keywords: European patent, EU unitary patent, Unified Patent Court, economic factor, EU patent system, patent disputes, court costs and fees.
- Enhancing the patent system in Europe. Communication from the Commission to the European Parliament and the Council. COM (2007) 165 final. Brussels, 3.4.2007. Retrieved from: http://ec.europa.eu/transparency/regdoc/rep/1/2007/EN/1-2007-165-EN-F1-1.
- Agreement on a Unified Patent Court // Official Journal of the European Union, (C 175, 20.6.2013), pp. 1–40.
- An Enhanced European Patent System. The Select Committee, the Preparatory Committee. Retrieved from: https://www.unified-patent-court.org/sites/default/files/enhanced-european-patent-system.pdf.
- Knight, D., Martin, B. (2013). Signature moment. Intellectual Property Magazine, 4, 44–46.
- Unified Patent Court. Recruitment of judges Qualifications required1 for and age of appointment to judicial offices in Contracting States. URL: Unified Patent Court. Recruitment of judges Qualifications required1 for and age of appointment to judicial offices in Contracting States. Retrieved from: https: //www.unified-patent-court.org/…/ upc-national-eligibili … https://doi.org/10.4337/9781784714741.00009
- Sedmud-Nreiber, A. (1999). Strukturen einer europaischen Patentgerichts-barkeit. Mitt., 4. 121–126.
- Luginbuehl, Stefan. Unitary patent and unified patent court: state of play. Munich: EPO, pp. 24. Retrieved from:
- https: //e-courses.epo.org/pluginfile.php/1323/mod_resource/content/5/ Unitary%20Patent%20and%20Unified%20Patent%20Court%2026feb16.pdf.
- The Unified Patent Court of the EU and the unitary patent protection system. Retrieved from: http://zakoniporjadok.my1.ru/publ/4-1-0-1655.
- Status of the Unified Patent Court Project, 19 December 2018. Retrieved from: https://www.unified-patent-court.org/news/status-unified-patent-court-project-19-december-2018.
- Barraclough, E. (2013). How will the new unitary patent work. MIP, 226.
- Price, R. (2013). Open for business. Intellectual Property Magazine, June, 27–28.
- Androshchuk, H.O. (2018). Rol ekspertiv i konsultantiv u spetsializovanykh sudakh z intelektualnoi vlasnosti [The role of experts and consultants in specialized courts on intellectual property]. Intelektualna vlasnist v Ukraini [Intellectual Property in Ukraine], 1, 22–32. https://doi.org/10.4337/9781784714741.00009