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Unitary patent: Spanish Challenge Update

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ExpectingAs reported here previously, Spain is challenging both of the regulations that create the unitary patent. The CJEU heard the action brought by Spain on 1 July 2014 and a report of the hearing has popped up on an Allen & Overy eAlert (Luisa Deas from A&O was at the CJEU hearing).

The full report from Allen & Overy can be found here but a few notable points are highlighted below.

  • There are apparently seven arguments against the unitary patent regulations in Spain’s challenge, including an argument that the legal basis for the regulations is wrong (patent validity/infringement not part of EU law and not within remit of CJEU) and an argument that the EPO cannot be delegated with powers to administer the unitary patent (this links to the Meroni arguments)
  • Although a number of member states presented arguments in support of the unitary patent system, the EU Commission only took part in a limited manner. Do they have doubts about the legality of the system?
  • The Advocate-General’s opinion is expected on 21 October 2014.

Mark Richardson 3 July 2014


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