Articles liés à The Unitary Patent Protection Unified Patent Court

The Unitary Patent Protection Unified Patent Court - Couverture rigide

Callens, Pieter; Granata, Sam

 
9789041159380: The Unitary Patent Protection Unified Patent Court

Synopsis

In 2013, twenty-five Member States of the European Union decided to take European patenting and patent enforcement to a next level. They agreed on a common patent title and a common patent court, i.e., the new Unitary Patent and the Unified Patent Court. Unfortunately, the implementation phase of the new patent package appeared to be a bumpy ride ¯ non-participating Member States attacked the legal texts before the European Court of Justice, the Rules of Procedure of the Unified Patent Court were subject to extensive debates, the Brexit referendum slowed down the ratification process, etc. Nevertheless, the unitary patent package appeared to be a survivor. The exact date when the Unified Patent Court will open its doors and the first Unitary Patent will be registered is still unclear. But observers agree that both projects will most likely become operational in 2018. From that moment on, companies, research institutions, and individuals will be able to obtain not only a patent title with immediate effect in (eventually) twenty-five EU Member States, but also a court decision on (for example) infringement or validity of a European or Unitary Patent with effect in the participating Member States.

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À propos de l'auteur

Pieter Callens (1980) is an attorney-at-law specialising in intellectual property law and ICT within the Belgian law firm Eubelius. He obtained a Master in Law at the Catholic University of Louvain (Belgium) and a Master in Economic Law at the Université Libre de Bruxelles (Belgium). During his law education, Pieter studied as an exchange student US patent law at Duke University (North Carolina, USA). He was admitted to the bar in Belgium in 2004. Between 2008 and 2010 Pieter was advisor to the Belgian Minister of Economy with respect to intellectual property matters. Pieter advised the Belgian Presidency of the European Union in 2010 when the EU Council reached a political compromise on the language regime of the Unitary Patent. Pieter is a member of AIPPI, INTA and LES and was appointed by the Belgian government as permanent member of the Advisory Board for Intellectual Property. He has written several publications on intellectual property law and is a frequent speaker regarding IP and ICT topics. Pieter is one of the authors of the Kluwer Patent Blog. Together with Sam Granata he published in 2013 the book Introduction to the Unitary Patent and the Unified Patent Court (Kluwer Law International). Sam Granata (1970) is a judge at the Court of Appeal Antwerp (Belgium), Benelux Court of Justice (Luxembourg), external member of the Enlarged Board of Appeal of the EPO, member of the Advisory Board for Intellectual Property Rights to the Federal Belgian Ministry of Economy and member of the of the Conseil Benelux de la Propriété Intellectuelle. He was a member of the Legal Framework Group UPC (Subgroup 1: Rules of Procedures of the Court and Subgroup 6: Rules on Mediation and Arbitration). Throughout his academic and professional career, Sam has proven to have a strong interest in patent law. He obtained a Master in Law at the Catholic University of Louvain (Louvain, Belgium), a Master in Intellectual Property Law at Franklin Pierce Law Center (now University of New Hampshire, New Hampshire, US) and a Master of Arts in Interactive Multimedia at the University of London (London, UK). In his previous professional life, Sam was a research fellow at the Center for Intellectual Property of the Catholic University of Louvain (Louvain, Belgium), worked as an attorney-at-law specialising in intellectual property law and mediator in Brussels and Antwerp (Belgium) and was judge at the Commercial Court of Antwerp dealing with patent cases. He is a frequent speaker at IP related events.

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