The Unitary EU Patent System

by Justine Pila (Editor), Birke Häcker (Editor), Christopher Wadlow (Editor), Mark R Freedland (Editor), Stefan Enchelmaier (Editor)

Overview

The purpose of this book is to explore the key substantive, methodological, and institutional issues raised by the proposed unitary EU patent system contained in EU Regulations 1257/2012 and 1260/2012 and the Unified Patent Court Agreement 2013. The originality of this work lies in its individual contributions and uniquely broad approach, taking six different (historical, constitutional, international, competition, institutional and forward-looking) perspectives on the proposed patent system. This means that the book offers a multi-authored and all round legal appraisal of the proposed unitary system from experts in patent law, EU constitutional law, private international law, and competition law, as well as leading figures from the worlds of legal practice, the bench, and the European Patent Office. The unitary patent system raises issues of foundational importance in the fields of patent and intellectual property law, EU law and legal harmonization, which it is the purpose of the book to engage with.

This is a work which will enjoy wide and enduring interest among academics, policy makers and decision makers/practitioners working in patent law, intellectual property law, legal harmonization, and EU law.

Product Details

ISBN-13:	9781509914173
Publisher:	Bloomsbury Academic
Publication date:	06/15/2017
Series:	Studies of the Oxford Institute of European and Comparative Law , #19
Pages:	240
Product dimensions:	6.14(w) x 9.21(h) x 0.50(d)

About the Author

Justine Pila is University Lecturer in Intellectual Property Law, Senior Law Tutor of St Catherine's College, and a Research Fellow of the Institute of European and Comparative Law at the University of Oxford.
Christopher Wadlow qualified as a solicitor in 1981 and practised with Simmons & Simmons in London until joining UEA Law School full time in 2004. He was appointed to a Chair in 2008.

Table of Contents

Preface v

List of Abbreviations ix

List of Contributors xi

Table of Cases xiii

Table of Legislation xix

Table of International Instruments xxvii

1 Introductory Remarks: A Judicial Perspective Sir David Kitchin 1

2 An Historical Perspective I: The Unitary Patent Package Justine Pila 9

3 An Historical Perspective II: The Unified Patent Court Christopher Wadlow 33

4 An Institutional Perspective I: The Role of the EPO in the Unitary (EU) Patent System Stefan Luginbuehl 45

5 An Institutional Perspective II: The Role of the CJEU in the Unitary (EU) Patent System Angelos Dimopoulos 57

6 A Constitutional Perspective Tuomas Mylly 77

7 A Competition Law Perspective I: Competition Law Aspects of European Patents with Unitary Effect Stefan Enchelmaier 111

8 A Competition Law Perspective II: The Relationship between Patents and Competition Rules Steven Anderman 129

9 An International Perspective I: A View from the United States Rochelle C Dreyfuss 145

10 An International Perspective II: A View from Private International Law Paul LC Torremans 161

11 Looking Forward: A User Perspective Alan Johnson 179

12 Concluding Remarks Alison Brimelow CBE 191

Index 195

Editorial Reviews

Pila and Wadlow should be congratulated for putting together such and informative and thought-provoking collection.
Yearbook of European Law

From the Publisher