"Unitary patent" and court system - New problems ahead?

Ingve Stjerna (Rechtsanwalt, Düsseldorf), "Unitary patent" and court system - New problems ahead?

"As is well known, Spain has filed nullity actions against the two European Regulations on the “unitary patent“(Regulation (EU) No 1257/2012 of 17 December 2012) and the language regime Regulation (EU) No1260/2012 of 17 December 2012) at the Court of Justice of the European Union (CJEU), objecting, amongst others, a lack of a legal base. The CJEU will hear these cases on 1 July 2014, from 9:00. The dispute about the legal base of the “unitary patent” Regulation goes back to the conflict between the European Parliament and the Council about the deletion of the former Articles 6 to 8which were, in the end, replaced by the new Article 5 intending to include the contents of the deleted Articles in the Regulation through a reference to external legal sources, especially the intergovernmental Agreement on the Unified Patent Court. The following article will briefly summarize the respective events and will show potential implications of the CJEU’s decisions."

Lees het artikel hier. Zie ook C-146/13 en C-147/13.