ECJ Advocate General Rejects EU Patent Litigation Scheme

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.

For the full article written by Enrico Bonadio see here.

One Response to “ECJ Advocate General Rejects EU Patent Litigation Scheme”
  1. Brown says:

    Seems to me that companies are pushing harder than before to compete with competitors without doing the actual work of inventing new things rather just building on the work of others I think as this trend continues so will the cases of patent litigation increase. For more info on the subject.

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