“Unitary patent” and court system – “Cypriot compromise” compromised

Ingve Stjerna (Rechtsanwalt, Düsseldorf), “Unitary patent” and court system – “Cypriot compromise” compromised

"As things presently stand, the CJEU will announce its judgments in Spain’s nullity actions against the two Regulations on unitary patent protection and the language regime on 5 May 2015. As is known, one of the asserted nullity reasons is the lack of a legal basis after the replacement of former Articles 6 to 8 by the current Article 5. New backgrounds which have surfaced on this approach most recently, initially sold to the public as “compromise by the Cypriot Council Presidency”, suggest that this “compromise” had a much different origin. It had already been reported that efforts were made – apparently involving the German Ministry of Justice – to publicly present the Spanish actions as lacking any prospects of success in the specialist press. Not known yet were the endeavours undertaken to bring this article to the attention of the CJEU. A report on the measures used to pave the way for the “unitary patent package”."

Lees het artikel hier.