Patent Judges Force The Commission; Azerbaijan Too Benin Transcend Away The Copyright Message

here, asks a broad make of IP practitioners as well as organisations across Europe for their feedback on the blueprint, dubbed the European Patent Litigation Agreement (EPLA). The EPLA proposes the institution of a unified European courtroom to listen appeals from 8 local ‘sub-courts’ inwards for certain key jurisdictions. The asking for feedback on the excogitation marks a pregnant policy shift for the Commission. The consultation ends on 31 March 2006. Unnamed United Kingdom of Great Britain as well as Northern Ireland of Britain as well as Northern Republic of Ireland IP lawyers create got told Legal Week they instantly promise a treaty on the EPLA volition hold out approved past times European Union fellow member states past times the halt of the year. Influenza A virus subtype H5N1 unified courtroom could so hold out inwards house inside 3 years.

The Commission had wanted to create a centralised courtroom inwards Grand Duchy of Luxembourg to police describe a novel European patent. says, forget it.

What the Commission questionnaire says:

"Section 3 – The European Patent System and inwards detail the European Patent Litigation Agreement

Since 1999, States political party to the European Patent Convention (EPC), including States which are members of the EU, create got been working on an understanding on the litigation of European patents (EPLA). The EPLA would hold out an optional litigation scheme mutual to those EPC States that select to adhere to it.

The EPLA would fix a European Patent Court which would create got jurisdiction over the
validity as well as infringements of European patents (including actions for a proclamation of noninfringement, actions or counterclaims for revocation, as well as actions for damages or compensation derived from the provisional protection conferred past times a published European patent application). National courts would retain jurisdiction to fellowship provisional as well as protective measures, as well as inwards observe of the provisional seizure of goods every bit security. For to a greater extent than data encounter [http://www.european-patent-office.org/epo/epla/pdf/agreement_draft.pdf] Some of the states political party to the EPC create got every bit good been tackling the patent terms issues through the London Protocol which would simplify the existing linguistic communication requirements for participating states. It is an of import projection that would homecoming the European patent to a greater extent than attractive.

The European Community is non a political party to the European Patent Convention. However in that place is Community law which covers roughly of the same areas every bit the draft Litigation Agreement, especially the "Brussels" Regulation on Recognition as well as Enforcement of Judgments (Council Regulation 44/2001) as well as the Directive on enforcement of intellectual belongings rights through civil procedures (Directive 2004/48). It appears that in that place are 3 issues to hold out addressed earlier European Union Member States may transcend away political party to the draft Litigation Agreement:

(1) the text of the Agreement has to hold out brought into trouble amongst the Community legislation
in this field;

(2) the human relationship amongst the EC Court of Justice must hold out clarified;

(3) the enquiry of the grant of a negotiating mandate to the Commission past times the Council of the European Union inwards fellowship to accept component inwards negotiations on the Agreement, amongst a persuasion to its possible determination past times the Community as well as its Member States, needs to hold out addressed.

Questions

3.1 What advantages as well as disadvantages employ you lot scream upward that pan-European litigation arrangements every bit laid out inwards the draft EPLA would create got for those who purpose as well as are affected past times patents?

3.2 Given the possible coexistence of 3 patent systems inwards Europe (the national, the Community as well as the European patent), what inwards your persuasion would hold out the ideal patent litigation scheme inwards Europe?".

was initially sceptical of the EPLA plan, only has instantly rather come upward circular to it. Anything is to a greater extent than workable than the Commission's master proposals. But judges create got a highly pathological persuasion of patent disputes, since they entirely encounter the disputes that teach to court. IP practitioners create got many disputes that are resolved through negotiation, mediation or other way as well as their persuasion of the courtroom scheme is coloured past times its broader context. It is hence vital to know what practitioners think.

EPLA documents here.


Treaty accessions

What employ Republic of Azerbaijan as well as Republic of Benin create got inwards common? Not a lot, you lot powerfulness think, only the IPKat knows better. Both create got signed upward for the WIPO Copyright Treaty and the WIPO Performances as well as Phonograms Treaty. In Azerbaijan's illustration the 2 treaties come upward into forcefulness on xi Apr 2006 (see here and here). In the illustration of Republic of Benin the twin treaties operate 5 days later, on sixteen Apr 2006 (see here and here).

Full listing of all 58 WIPO Copyright Treaty contracting states here
Full listing of all 57 WIPO Performance as well as Phonogram Treaty contracting states here
Number of Google hits for Republic of Azerbaijan + Benin: 46,400,000