Exploring different concepts of judicial coherence in the patent context
Faculty of Law
Review of European administrative law. - Groningen, 2007, currens
, p. 377-408
University of Antwerp
The creation of a centralised and highly specialised patent jurisdiction in Europe, the Unified Patent Court (UPC), is close to becoming a reality. One of the main goals of UPC is to ensure consistency and legal certainty in the European patent system. However, in practice the creation of an additional layer of jurisdiction will likely add rather more complexity to the already fragmented European patent litigation system. The objective of the paper is to analyse the current and the future roles of the judicial and quasi-judicial actors of the European patent system from the perspective of judicial coherence. This analysis is based on the legal-philosophical literature on (judicial) coherence and draws distinctions between different types of coherence tailoring these to the particularities of the European patent system.