Journal Article

ECJ Advocate General Rejects EU Patent Litigation Scheme

Enrico Bonadio

in Journal of Intellectual Property Law & Practice

Volume 5, issue 12, pages 826-827
Published in print December 2010 | ISSN: 1747-1532
Published online December 2010 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpq157
ECJ Advocate General Rejects EU Patent Litigation Scheme

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Opinion 1/09 of the Advocate General, Juliane Kokott, 2 July 2010. The Advocate General of the Court of Justice of the European Union (ECJ) has found that the EU centralized patent litigation system recently proposed by the Council of the European Union does not comply with EU law. In her opinion, among the various incompatibilities, she stressed that the proposed linguistic system would violate the rights of defence. This opinion constitutes a blow to the efforts to finally reach the long-awaited EU patent litigation scheme (as envisaged in the Draft Agreement on the European and Community Patents Court). This blow will be even stronger, should the ECJ confirm her opinion.

Journal Article.  828 words. 

Subjects: Arbitration ; Intellectual Property Law

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