EU confident over unitary patent plans
07 October 2011
James Nurton, London
EU plans for a unitary patent will not be derailed by legal challenges filed by Spain and Italy, a senior European Commission official predicted today
Speaking at the 2011 Congress of the Chartered Institute of Patent Attorneys, Oliver Várhelyi of the Internal Market directorate cautioned he could not prejudge the outcome of legal proceedings brought by the two countries in the Court of Justice of the EU. But he said: “We have very high hopes that our case is solid and it [the court challenge] will not be successful.”
He pointed out that the enhanced cooperation procedure is supported by the EU Commission, Council and Parliament, all of whom have independent legal advice. “Without that, we wouldn’t have dared enter such a risky zone,” he said.
Várhelyi also said that the Spanish and Italian legal challenges only affect the administrative decision regarding establishing a patent through enhanced cooperation, not the discussions for a unified patent court. And he...
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