ECJ Advocate General rejects EU patent litigation scheme

Enrico Bonadio

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Abstract

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.
Original languageEnglish
Pages (from-to)826-827
Number of pages2
JournalJournal of Intellectual Property Law and Practice
Volume5
Issue number12
DOIs
Publication statusPublished - 2010

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patent
EU
European Council of Ministers
patent system
court of justice
incompatibility
European Law
linguistics
community

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Bonadio, Enrico. / ECJ Advocate General rejects EU patent litigation scheme. In: Journal of Intellectual Property Law and Practice. 2010 ; Vol. 5, No. 12. pp. 826-827.
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Bonadio, E 2010, 'ECJ Advocate General rejects EU patent litigation scheme', Journal of Intellectual Property Law and Practice, vol. 5, no. 12, pp. 826-827. https://doi.org/10.1093/jiplp/jpq157

ECJ Advocate General rejects EU patent litigation scheme. / Bonadio, Enrico.

In: Journal of Intellectual Property Law and Practice, Vol. 5, No. 12, 2010, p. 826-827.

Research output: Contribution to journal › Article

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AB - 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.

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Bonadio E. ECJ Advocate General rejects EU patent litigation scheme. Journal of Intellectual Property Law and Practice. 2010;5(12):826-827. https://doi.org/10.1093/jiplp/jpq157

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