Европейски съд за патенти ( THE EUROPEAN AND COMMUNITY PATENTS COURT)

Европейската комисия публикува работен доклад касаещ подобряване на патентната система в Европа, в частност създаването на Европейски патентен съд.
Основните елементи в доклада са:

1. The Council has adopted these conclusions to pave the way towards an overall final agreement on a package of measures for an Enhanced Patent System in Europe comprising the creation of a European and Community Patents Court, a Community patent, an enhanced partnership between the European Patent Office and central industrial property offices of Member States and relevant amendments to the European Patent Convention.

2. The Council takes note of the Draft Agreement on the European and Community Patents Court in document 7928/09 of 23 March 2009 (below the Draft Agreement). Some elements of the envisaged agreement have been under particular discussion. The Council draws the following conclusions from this discussion.

3. These conclusions are without prejudice to the request for an opinion of the European Court of Justice1 and are conditional on the opinion of the Court concerning the compatibility of the envisaged European and Community Patents Court (below ECPC) with the EC Treaty.

I MAIN FEATURES OF THE EUROPEAN AND COMMUNITY PATENTS COURT
THE EUROPEAN AND COMMUNITY PATENTS COURT

4. The ECPC shall have exclusive jurisdiction in respect of litigation related to the infringement and validity of Community patents and European patents.

5. As outlined in the Draft Agreement, the ECPC shall comprise a Court of First Instance, a Court of Appeal and a Registry. The Court of First Instance shall comprise a central division as well as local and regional divisions.

6. The Court of Justice of the European Communities shall ensure the principle of primacy of Community law and its uniform interpretation.

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