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

Cookies Settings

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 Canadian boutique’s new IP lead says he wants to build a tech-enabled IP practice aimed at giving startups senior expertise away from the traditional ‘big law’ set-up
Qantm IP’s acquisition of Henry Goh & Co shows shifting attitudes towards private equity, with firms increasingly viewing external backing as a normal route to expansion rather than a source of concern
The firm’s involvement in prominent AI cases drew litigator Christian Mammen to join from Womble Bond Dickinson, as US firms continue to bolster AI-focused practices
Two judicial appointments confirmed in Paris and Mannheim, while cross-border injunctions and high-profile procedural rulings keep major patent practices occupied
Patent and trademark practitioners say new arrival will help maintain the UK's reputation as a leading forum for complex IP disputes
Qantm CEO speaks to Managing IP about the business's first deal since it was acquired by a private equity firm and explains why top-tier Malaysian firm Henry Goh & Co was the group's ‘plan A, B and C’
György Pintz, founder of Pintz & Partners, talks through the challenges of founding a firm and explains why lawyers and table tennis players have more in common than you might expect
Kate Nuehring Su, partner at Marshall, Gerstein & Borun, explores a successful PTAB appeal and why the Federal Circuit reached an opposite outcome on the same doctrine
From BTS to Squid Game and kimchi to memory chips, the Korean wave is reverberating around the world and IP work is also seeing a boom, say two Yoon & Yang partners
Managing IP will host a ceremony in Kuala Lumpur on November 5 to reveal the winners
Gift this article