The Unified Patent Court (UPC) in Action: How Will the Design of the UPC Affect Patent Law?
Research output: Chapter in Book/Report/Conference proceeding › Book chapter › Research › peer-review
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The Unified Patent Court (UPC) in Action : How Will the Design of the UPC Affect Patent Law? / Petersen, Clement Salung; Schovsbo, Jens Hemmingsen; Riis, Thomas.
Transitions in European Patent Law : Influences of the Unitary Patent Package. ed. / Rosa Maria Ballardini; Marcus Norrgård; Niklas Bruun. New York / Alphen aan den Rijn : Kluwer Law International, 2015. p. 37-57.Research output: Chapter in Book/Report/Conference proceeding › Book chapter › Research › peer-review
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TY - CHAP
T1 - The Unified Patent Court (UPC) in Action
T2 - How Will the Design of the UPC Affect Patent Law?
AU - Petersen, Clement Salung
AU - Schovsbo, Jens Hemmingsen
AU - Riis, Thomas
PY - 2015
Y1 - 2015
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.
M3 - Book chapter
SN - 978-9041156051
SP - 37
EP - 57
BT - Transitions in European Patent Law
A2 - Ballardini, Rosa Maria
A2 - Norrgård, Marcus
A2 - Bruun, Niklas
PB - Kluwer Law International
CY - New York / Alphen aan den Rijn
ER -
ID: 139886766