European Patent Court - Disaster before Christmas

The discussion on the proposed Unitary Patent and Unified Patent Court is rapidly accelerating and an agreement might be achieved even today. The IPKat is trying to keep track of these rushing developments, which will have a huge impact on our professional life.

EPLAW criticizes the draft agreement on the unified court

Fairly severe criticsismns have now been raised by the patent litigation attorneys association EPLAW and Prof. Krasser of the Munich based Max Planck Institute for Intellectual Property Rights against the draft agreemen on the unified patent court in Council doc 13751/11.

Besides of some points already mentioned by the IPKat, one important and new point is that the rules relating to patent infringement (in particular questions of equivalence) should not be included into the agreement in order to preserve them from the doom of being interpreted by the CJEU.