Europabio position on the European Patent Litigation Reform – the question of exclusivity

24.03.2008

Europabio position on the European Patent Litigation Reform – the question of exclusivity

Summary

Europabio takes the position that European patent holders should not be forced to litigate (a) existing and (b) future European patents in the proposed new European patent litigation jurisdiction and the system should be optional for both categories. Furthermore the new litigation system should only deal with cross-border cases and that the cases with impact at only one Member State should remain with the respective national courts (without any cross-border impact).

A proposal for an exclusive jurisdiction

The purpose of the proposed reforms, which build on earlier discussions of the Community Patent and European Patent Litigation Agreement, is to create a jurisdiction under which all European (and future Community) patents will be litigated in a single proceeding with pan-European (or Community) effect in a newly created European Patent Court.

The proposal under discussion is that “the EU patent jurisdiction should be an exclusive jurisdiction dealing with validity, infringement and inter-related proceedings concerning European patents and future Community patents"

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