01.15.22
Gemini version available ♊︎Patrick Breyer, Unlike Most German Politicians, Highlights the Fact That Unified Patent Court (UPC) and Unitary Patent Are Incompatible With EU Law
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Patrick Breyer, Germany. Licence: Creative Commons CC0 1.0 Universal Public Domain Dedication.
Summary: A longtime critic of EPO abuses (under both Benoît Battistelli and António Campinos leadership), as well as a vocal critic of software patents, steps in to point out the very obvious
ADDED or updated in the EP’s Web site just 9 days ago was this page about a “[q]uestion for written answer” from Patrick Breyer (Verts/ALE). We’re reproducing the whole thing below and keeping a copy of the PDF as well:
Parliamentary questions
14 December 2021
Question for written answer E-005551/2021
to the Commission
Rule 138
Patrick Breyer (Verts/ALE)Subject: The compatibility of the Unified Patent Court with EU law
Over the last 10 years, the Court of Justice of the EU (CJEU) has developed an established body of case law regarding the compatibility of international courts with EU law(1).
In its judgment in Paul Miles and Others v European Schools (2011), the CJEU stated that: ‘the Complaints Board [at hand] is not such a court common to [...] Member States. Whereas the Benelux Court [...] procedure [...] is a step in the proceedings before the national courts leading to definitive interpretations of common Benelux legal rules [...], the Complaints Board does not have any such links with the judicial systems of the Member States’.
The CJEU’s criterion for a ‘court common to [...] Member States’ is that it should have functional links with the courts of the Member States when it has to apply EU law and cooperate with the CJEU.
1. Does the proposed Unified Patent Court comply with this criterion?
2. If so, what are its links with the courts of the Member States?
__________
(1) European and EU Patent Court (2011), Miles (2011), European Court of Human Rights (2014), Oberto (2015), Achmea (2018), CETA (2019).
Last updated: 6 January 2022
Is Battistelli’s man inside the Commission going to pretend he cannot see the facts, as usual? █
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