The Unified Patent Court (UPC) in Action - How Will the Design of the UPC Affect Patent Law?
Publikation: Working paper › Forskning
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The Unified Patent Court (UPC) in Action - How Will the Design of the UPC Affect Patent Law? / Petersen, Clement Salung; Riis, Thomas; Schovsbo, Jens Hemmingsen.
2014.Publikation: Working paper › Forskning
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TY - UNPB
T1 - The Unified Patent Court (UPC) in Action - How Will the Design of the UPC Affect Patent Law?
AU - Petersen, Clement Salung
AU - Riis, Thomas
AU - Schovsbo, Jens Hemmingsen
N1 - Available at SSRN: http://ssrn.com/abstract=2450945 or http://dx.doi.org/10.2139/ssrn.2450945. Edited version forthcoming in "Transitions in European Patent Law – Influences of the Unitary Patent Package" (Kluwer 2015).
PY - 2014
Y1 - 2014
N2 - The new common judiciary for European patents (UPC) will play a crucial role in the future European patent system. The UPC will be a very specialised court that i.a. recruits judges from specialists’ circles and has as part of its mission to develop a coherent and autonomous body of case law. The article points out that the UPC because of this design will be biased towards technology based values and uniformity at the expense of other values and interests e.g. non-economic public interests, and values associated with diversity. The practical effects of these biases are analysed regarding cases involving ordre public and morality and scope of protection. The article shows that the biases will affect the law in all the areas discussed and that if unchecked they will reduce some of the “wriggling room” which the current system has provided. To maintain that room a focused effort by the UPC to neutralise the effects of the biases is needed. Lastly, concrete steps to achieve this rebalancing are proposed.
AB - The new common judiciary for European patents (UPC) will play a crucial role in the future European patent system. The UPC will be a very specialised court that i.a. recruits judges from specialists’ circles and has as part of its mission to develop a coherent and autonomous body of case law. The article points out that the UPC because of this design will be biased towards technology based values and uniformity at the expense of other values and interests e.g. non-economic public interests, and values associated with diversity. The practical effects of these biases are analysed regarding cases involving ordre public and morality and scope of protection. The article shows that the biases will affect the law in all the areas discussed and that if unchecked they will reduce some of the “wriggling room” which the current system has provided. To maintain that room a focused effort by the UPC to neutralise the effects of the biases is needed. Lastly, concrete steps to achieve this rebalancing are proposed.
KW - Faculty of Law
KW - Unified Patent Court
KW - UPC
KW - patent law
KW - EU
M3 - Working paper
BT - The Unified Patent Court (UPC) in Action - How Will the Design of the UPC Affect Patent Law?
ER -
ID: 117249664