ECJ warns pan-European patent court would breach EU framework
Long-mooted plans for a pan-European patent court have suffered another setback after the European Court of Justice (ECJ) this week stated that such a policy would conflict with the EU's constitution. The ECJ on Tuesday (8 March) delivered an opinion in response to proposals from EU nations for a European and Community Patent Court - arguing the model would impinge on the role of national courts.
March 09, 2011 at 08:40 AM
3 minute read
Long-mooted plans for a pan-European patent court have suffered another setback after the European Court of Justice (ECJ) this week stated that such a policy would conflict with the EU's constitution.
The ECJ on Tuesday (8 March) delivered an opinion in response to proposals from EU nations for a European and Community Patent Court – arguing the model would impinge on the role of national courts.
The ECJ opinion states: "The agreement [to create a European patent court] would alter the essential character of the powers conferred on the institutions of the EU and on the member states, which are indispensable to the preservation of the very nature of EU law."
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