Opt-in model proposed for European patent court
05 July 2008
James Nurton, London
Countries could opt-in to a proposed European patent litigation agreement in the same way as they opt-in to the EU’s single currency, the euro, under plans being discussed in Brussels
As France’s six-month presidency of the EU begins this month, there remain significant political obstacles to agreement on a pan-EU litigation treaty, with some countries (such as Spain) apparently unwilling to sign up to it.
That has led to speculation that it will be impossible to find a system on which all 27 EU member states can agree.
Instead, it is increasingly likely that a core of countries will take part in the treaty, with others able to join at a later date if it proves successful.
The discussions for a pan-Europe patent system focus on a draft agreement, which envisages having a number of local and regional chambers, with one centralized chamber. Each would have three judges.
IP is not listed as one of the four priorities of the French presidency, and there remain divisions within the government over the desirability a European patent litigation system.
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