07. April 2021 · Write a comment · Categories: Uncategorized

3. Technically qualified judges must have a university degree and proven expertise in the field of technology. They must also have a proven knowledge of civil law and procedure in relation to patent litigation. In order to reduce translation and trial costs, the European Union has adopted legislation on European patents with a unitary effect. The European Parliament approved the proposed regulation on 11 December 2012[3] [4] and came into force in January 2013. [5] [6] Since Spain and Italy objected to the translation requirements which contained only the three languages of the European Patent Convention in English, German and French, they did not originally participate in the Regulation, which had therefore been organised as a mechanism for enhanced cooperation between the Member States, but Italy subsequently joined. The registration of the unit effect is organised by the European Patent Office and is expected to result in limited translation requirements and a uniform annual tax for the whole territory. (1) The Court rules on the validity of a patent on the basis of an application for revocation or a counterclaim for revocation. The agreement was signed in Brussels on 19 February 2013 by 24 states, including all states participating in enhanced cooperation actions, with the exception of Bulgaria and Poland, while Italy, which did not accede to the enhanced cooperation measures, signed the UPC agreement.

It is open to all EU Member States (whether or not they have participated in the unitary patent), but not to other parties to the European Patent Convention. Bulgaria signed the agreement on 5 March after completing its internal procedures. [31] [32] [33] Meanwhile, Poland has decided to wait to see how the new patent system works before joining, fearing it could harm its economy. [34] Although Italy did not originally participate in the unified patent rules, it officially joined them in September 2015. [35] Whatever the outcome of this process, the court will be able to process the European patents in force in the country if you become a party to the UPC agreement. [36] Spain and Croatia (the latter would join the EU in July 2013) are the only EU Member States not to participate in the UPC or the unitary patent, but both countries can join the unitary patent system at any time.

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