Add to ORKGThis paper reviews the use of enhanced cooperation in the creation of a European Union patent system. It assesses whether the legal requirements for the application of enhanced cooperation are fulfilled, and it does so in the light of the arguments raised by Italy and Spain in their actions for annulment brought before the European Court of Justice. The paper goes on to analyse whether the proposed patent system complies with the invoked legal basis, which requires the introduction of a new intellectual property right. If the answer is negative, possible ways to correct this mistake will be assessed
This is the author accepted manuscript. The final version is available from Springer via the DOI in ...
The judgments on the actions respectively brought by Spain against EU Regulation 1257/2012 and EU R...
This article focuses on a specific issue involving the so called right to patent in the context of t...
Further to the failed efforts to create a European Union patent (ex Community patent), the European ...
To the difference of trademarks and designs, protection of patents in Europe essentially rests on na...
For over forty years, European countries have held numerous conferences and signed multiple internat...
After decades of futile attempts to establish a comprehensive European patent framework, we will soo...
The Court of Justice is expected to decide soon on the validity of the Council decision of March 201...
This article discusses the need of a Unified Patent Court, as a major contribution for the implement...
In Europe there are two patent systems national patents under national law and a European patent sys...
A balanced, innovation-friendly and uniform patent system is indispensable for Europe. However, the ...
For over forty years, European countries have held numerous conferences and signed multiple internat...
Following more than fifty-five years of negotiations, the erroneously called "unitary patent package...
In this article we examine the notion of ‘harmonisation’ in its interplay with the application of pr...
Unitary Patent: Advantages and Problems In 2012 the Council of the European Union and the European P...
This is the author accepted manuscript. The final version is available from Springer via the DOI in ...
The judgments on the actions respectively brought by Spain against EU Regulation 1257/2012 and EU R...
This article focuses on a specific issue involving the so called right to patent in the context of t...
Further to the failed efforts to create a European Union patent (ex Community patent), the European ...
To the difference of trademarks and designs, protection of patents in Europe essentially rests on na...
For over forty years, European countries have held numerous conferences and signed multiple internat...
After decades of futile attempts to establish a comprehensive European patent framework, we will soo...
The Court of Justice is expected to decide soon on the validity of the Council decision of March 201...
This article discusses the need of a Unified Patent Court, as a major contribution for the implement...
In Europe there are two patent systems national patents under national law and a European patent sys...
A balanced, innovation-friendly and uniform patent system is indispensable for Europe. However, the ...
For over forty years, European countries have held numerous conferences and signed multiple internat...
Following more than fifty-five years of negotiations, the erroneously called "unitary patent package...
In this article we examine the notion of ‘harmonisation’ in its interplay with the application of pr...
Unitary Patent: Advantages and Problems In 2012 the Council of the European Union and the European P...
This is the author accepted manuscript. The final version is available from Springer via the DOI in ...
The judgments on the actions respectively brought by Spain against EU Regulation 1257/2012 and EU R...
This article focuses on a specific issue involving the so called right to patent in the context of t...