EU ministers have agreed to ask Europe’s highest court to decide whether a Europe-wide patent litigation system is compatible with the EC Treaty.
The ministers agreed in principle to requesting the European Court of Justice /ECJ/to provide an opinion as to the legality of a unified patent litigation system.
In March the Commission took the first formal steps towards an agreement on a single patent litigation system, which could be used for European patents and (if they are introduced) Community Patents.
The agreement will be open to EPC members such as Switzerland that are not members of the EU.
Officials said that dicussions between member states have focused on a draft agreement and a draft statute of the future court, including contentious issues such as the composition of the panels of judges, the implementation and operation of the envisaged agreement, the role of the ECJ in the interpretation of Community law and transitional arrangements.
Source: managingip
