The heavily discussed arrival of the Community patent has faced a setback.
After years of discussion, the Council of the European Union asked the European Court of Justice (ECJ) in Luxembourg on July 6, 2009 to give an opinion on its draft agreement regarding a court for the European and Community patent. The ECJ had to decide whether this common system for settling patent disputes is compatible with the provisions of the EC Treaty.
On March 3, 2011, the European court gave its negative opinion. According to the draft of the agreement between the European Union, EU member states and third countries, a central court would be introduced in Europe, which would have exclusive jurisdiction for disputes regarding European patents as well as the proposed Community patents.
“According to the draft of the agreement between the European Union, EU member states and third countries, a central court would be introduced in Europe, which would have exclusive jurisdiction for disputes regarding European patents as well as the proposed Community patents.”
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Community patent, ECJ
