The unitary patent Screening process Explanatory meeting with Serbia 25 September 2014 Unit D2: Industrial Property
A project with a long history A long history: First drafts in the 1960s Luxembourg Convention (1975), Agreement relating to Community patent (1989) Commission proposal; regulation (2000) Decision of Council to launch enhanced cooperation (March 2011) Adoption of final regulations 1257 and 1260/2012 under enhanced cooperation on 17 December 2012 Signature of the UPC Agreement on 19 February 2013 2
Patent package: three pillars Unitary patent: Regulation No 1257/2012 implementing enhanced cooperation in the area of the creation of Unitary Patent Protection (25 Member States excluding ES and IT) Regulation No 1260/2012 implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements (25 MSs) Unified Patent Court: International Agreement on a Unified Patent Court (Signed by 25 MS excl. PL, ES) 3
Unitary Patent: main features Toolkit approach: additional tool for innovators 1. Existing tools: National and "Classical" European patent 2. European patent with unitary effect uniform protection in participating MS one-stop shop procedure cutting costs and administrative burden unified and specialised jurisdiction Translation: minumum requirements Renewal fees: tbd; ref "average European patent" 4
European patent with unitary effect how does it work 5
UPC main features Common specialised court of EU Member States Legal and technical expertise of judges (3/5 judges) Like any national court, will refer questions of interpretation of EU law to the Court of Justice of the EU Competence: European "classical" patents and Unitary patents Infringement and revocation actions Procedure: Common Rules of Procedure based on ''best practice" Language of proceedings: any EU official language based on location and parties Transitional period 7 + (possibly) 7 years: Opt-out for European patent proprietors Choice of national court for all litigants if not opted out 6
UPC structure The Court of Appeal Luxemburg Arbitration and Mediation Centre Ljubljana, Lisbon The Court of First Instance Local divisions Max. 4 in a MS Central division Paris London / Munich Regional divisions 1 for at least 2 MSs Training centre for judges Budapest 7
Patent package: entry into force? Necessary: 13 ratifications of the UPC Agreement, including France, Germany and the UK Current: 5 ratifications: Austria, France, Denmark, Sweden and Belgium + Malta (in process) Expected soon: Luxemburg, Slovenia Timing: Renewed commitment of the Heads of State in March: entry into force by end of 2014 However, possibly more realistic given current state of play: second semester 2015 8
Patent package: preparatory work Unitary patent: Select Committee in the framework of the EPO: Implementing rules Compensation scheme for Translations Level and distribution of renewal fees UPC: Preparatory Committee of signatories of the UPC Agreement: Rules of Procedure Finances, IT, selection and training of judges, etc. Role of the European Commission: Policy dimension to the technical implementation process Anchoring trust in the future jurisdiction: Rules of Procedure Ensuring accessibility of the 9 system for users: fee levels
Specific questions - How can be achieved membership of the Republic of Serbia in enhanced cooperation in the area of creating a unified patent protection? -- Article 328(1) TFEU
Specific questions 2 At which moment, after joining the European Union, the Republic of Serbia shall have an obligation to ensure the measures prescribed in Article 4, paragraph 2. of Regulation 1257/2012 are enforced? -- Article 18(5) Regulation 1257/2012 - See also Article 84(4) and 89 of the UPC Agreement
Specific questions 3 - Shall the Article 4. of Regulation 1257/2012 for the new Participating Member State apply to all European patents with unitary effect that were based on European patents granted before, on or after the date the new Participating Member State accedes UPC or just to European patents with unitary effect that were based on European patents granted on and after the date the new Participating Member State accedes UPC? -- Article 18(6) and Article 18(2) Regulation 1257/2012 -- Article 3 Regulation 1257/2012
Specific questions 4 If the Article 4. of Regulation 1257/2012 for the new Participating Member State shall be applied to all European patents with unitary effect that were based on European patents granted before the date the new Participating Member State accedes UPC, what would be the possible procedure with European patents that had national effect and that were limited based on national prior art of the new Participating Member State? --- Not applicable
THANK YOU FOR YOUR ATTENTION! 14