The purpose of this book is to explore the key substantive, methodological, and institutional issues raised by the proposed unitary EU patent system contained in EU Regulations 1257/2012 and 1260/2012 and the Unified Patent Court Agreement 2013. The originality of this work lies in its individual contributions and uniquely broad approach, taking six different (historical, constitutional, international, competition, institutional and forward-looking) perspectives on the proposed patent system. This means that the book offers a multi-authored and all round legal appraisal of the proposed unitary system from experts in patent law, EU constitutional law, private international law, and competition law, as well as leading figures from the worlds of legal practice, the bench, and the European Patent Office. The unitary patent system raises issues of foundational importance in the fields of patent and intellectual property law, EU law and legal harmonization, which it is the purpose of the book to engage with.
This is a work which will enjoy wide and enduring interest among academics, policy makers and decision makers/practitioners working in patent law, intellectual property law, legal harmonization, and EU law.
Inhaltsverzeichnis
1. Introductory Remarks: A Judicial Perspective
Sir David Kitchin
2. An Historical Perspective I: The Unitary Patent Package
Justine Pila
3. An Historical Perspective II: The Unified Patent Court
Christopher Wadlow
4. An Institutional Perspective I: The Role of the EPO in the Unitary (EU) Patent System
Stefan Luginbuehl
5. An Institutional Perspective II: The Role of the CJEU in the Unitary (EU) Patent System
Angelos Dimopoulos
6. A Constitutional Perspective
Tuomas Mylly
7. A Competition Law Perspective I: Competition Law Aspects of European Patents with Unitary Effect
Stefan Enchelmaier
8. A Competition Law Perspective II: The Relationship between Patents and Competition Rules
Steven Anderman
9. An International Perspective I: A View from the United States
Rochelle C Dreyfuss
10. An International Perspective II: A View from Private International Law
Paul LC Torremans
11. Looking Forward: A User Perspective
Alan Johnson
12. Concluding Remarks
Alison Brimelow CBE
