Should the EU courts have an IP tribunal?

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Should the EU courts have an IP tribunal?

Few European organisations escape periodic political tensions. But why are so many European institutions that deal with IP rights experiencing problems at the same time?

The EPO’s latest round of industrial relations problems have been well documented. So have disagreements between the EPO and the European Commission over the Unitary Patent. The spat between member states about what to do with OHIM’s budget surplus resurfaced again this month. Now a row between judges at the Court of Justice and the General Court has broken out over the number of judges that should be appointed at the lower court in Luxembourg.

Last year the Court of Justice submitted a second proposal to increase the number of judges at the General Court, which handles cases from the European institutions, including Community trade mark and Community design appeals from OHIM. Its earlier proposal, back in 2011, was blocked by member states who disagreed over how the new appointments should be divvied up between them.

general20court.jpg

But now it is clear that judges from the General Court (right) are far from convinced that they need new colleagues.

On Tuesday a group of General Court judges met with key MEPs to outline their opposition to the proposals. In doing so, they exposed the level of tension between the two courts.

In the closed meeting with the rapporteur and shadow rapporteurs from the Legal Affairs Committee of the European Parliament considering the proposal, the judges presented a document in which they claimed “[t]he last thing the General Court needs is the creation of a Mexican army of new judges, supported by a reduced number of qualified personnel” and rejected claims from the Court of Justice that there is a backlog of cases developing in their court.

Judge Irena Pelikánova of the Czech Republic also argued that the Luxembourg court should consider setting up a specialised court for trade marks, models and designs. The Court of Justice rejects this idea, citing difficulties in predicting what kinds of cases comes before the General Court and how they can be resourced flexibly. There is also a reluctance from some member states to contemplate specialised courts for historical reasons.

But on Tuesday Pelikánova told the influential MEPs that a specialised IP trade mark court with specialist IP judges would ensure “greater coherence in the case-law on the subject”. A General Court consisting of 28, or even 56, judges “could never achieve these ends”.

She wrote in her briefing document: “Co-operation with the OHIM might permit the procedure for the review of decisions in the field of trademarks to be simplified (e.g. by doing away with the Boards of Appeal), which would further reduce the cost of the system. The Court of Justice would continue to be able to survey the coherence of the case-law by the right to re-examine decisions of the General Court on appeal and by retaining jurisdiction to hear preliminary rulings in the field of trademarks, designs and models. Judges of the General Court could devote all of their working time to more important cases from an economic and legal standpoint, thereby reducing the length of such proceedings.”

The question of how IP cases are dealt with in Luxembourg surely deserves more discussion – and not just in closed meetings. Do let us know your views.

more from across site and SHARED ros bottom lb

More from across our site

The Life Sciences Awards is thrilled to present the shortlist for the 2026 Americas Awards
From Türkiye to Poland and Nigeria, firms with deep local roots continue to dominate the top tier, proving that market expertise can outweigh international scale in many CEE, Middle Eastern and African jurisdictions
Former Hoyng Rokh partner Simon Dack takes a leading PMAC role as busy firms continue to jostle for position
Franck Fougere, founder and managing partner of Ananda IP in Thailand, describes how the firm has developed a reputation for patent work and why he believes IP practice is set to change
After two decades at Kass International, Geetha Kandiah discusses the lessons that shaped her career, building an inclusive regional firm, and AI opportunities
Manisha Singh of LexOrbis discusses the need for commercial alignment with clients and why IP lawyers need to have curiosity at their core
As firms expand into integrated IP services, recent hires show the model's appeal – but high-profile departures reveal how quickly questions of depth and durability can emerge
In-house counsel say private practice firms either aren’t conveying sustainability messaging or simply ‘don’t care’, but a mindful approach to the topic could swing pitches
With patent filings stagnant, fewer clients litigating and market consolidation at play, Canadian firms are considering how to challenge the established players
IPH’s strategy of integrating acquired businesses into its larger premium brands, may offer an early signal of how externally funded IP firms will pursue scale, efficiency and market strength
Gift this article