Pagenberg attacks unitary patent package as an “unworkable solution”
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

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

Pagenberg attacks unitary patent package as an “unworkable solution”

Jochen Pagenberg, a former member of an EU Commission-appointed Expert Committee on the future patent court, has told the EU president that the unitary patent package due to be discussed by member states today is an “unworkable solution”

In an open letter to Herman van Rumpuy, he accuses EU officials of negotiating the deal without proper transparency.

“[T]he details of how this dossier has been handled by the instances in Brussels over the last six months show such an amount of undemocratic behavior that few people in Europe would have imagined,” he writes.

“The multiplication of compromises has resulted in an unworkable solution which industry will no longer wish to use because of serious drafting errors of people who obviously have no practical experience in patent litigation and are not interested in any advice of those who have.”

Pagenberg, a partner in German IP firm Bardehle Pagenberg, goes on to say that there is not enough time before the end of the Danish presidency on June 30 to devote to remedying problems in the patent deal.

The letter was copied to officials from the Danish government and the European Commission, members of the European Parliament who have followed the patent package debates closely, and to journalists.

His last-ditch attempt to urge politicians to rethink the unitary patent package come on the day that ministers in charge of IP policy across the EU meet in Brussels to discuss the issue.

The Council’s deliberations are normally broadcast live. But Managing IP understands that the patent discussions will not be shown as they relate to an international agreement rather than EU legislation.

EU negotiators say that the location of the central division is the only issue to be resolved before the unitary patent and unified patent court can be agreed.

Meanwhile, a group of lawyers and judges submitted a final proposal this month on the rules of procedure for the court to the European Commission. The draft incorporates suggestions made in 31 responses received from industry and professional bodies across the EU and runs to some 162 pages including edits.

more from across site and ros bottom lb

More from across our site

AI
Tennessee has passed the ELVIS Act, a law that fights against AI models that mimic the voice and likeness of music artists
Rob Stien, chief communications and public policy officer at InterDigital, says the EU has forgotten innovators while trying to solve an issue that doesn’t exist
As Australia’s Qantm IP leans towards being acquired by a private equity company, sources discuss what it could mean for IP firms
Law firms that are conscious of their role in society are more likely to win work, according to a survey of over 23,000 in-house professionals
Nghiem Xuan Bac Pham, managing partner of Vision & Associates, discusses opportunities created by the US-China rift as well as profitability issues facing IP practices
Douglas Leite and two of his colleagues were intrigued by Bhering Advogados’s mission to grow its patent litigation practice
Each week Managing IP speaks to a different IP practitioner about their life and career
Counsel explain how pricing flexibility, patent agents and being business partners can help them maintain profitable patent prosecution practices
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Speakers at an INTA event weighed in on why firms should create AI use policies and how they stay on top of the latest developments
Gift this article