Publication
Title
The future role of the unified patent court in safeguarding coherence in the european patent system
Author
Abstract
After decades of negotiations, European Member States finally agreed on the establishment of the Unified Patent Court (UPC), a centralized and highly specialized court, as part of the Unitary Patent Package. The European patent system is an intricate, multi-level governance system. Safeguarding judicial coherence within such a system requires a continuous "dialogue" not only between different courts in a single country, but also between national courts of different countries, between the European Patent Office (EPO) and national courts, between the quasi-judicial Boards of Appeal of the EPO and the national courts, between the EPO and the UPC, between the Boards of Appeal of the EPO and the UPC, between national courts and the ECJ and between the UPC and the ECJ The main aim of the article is to examine to what extent the establishment of the UPC may contribute to a dialogue between these actors for the enhancement of judicial coherence of the European patent system. The paper explores different "tools" available for ensuring judicial coherence.
Language
English
Source (journal)
Common Market law review. - London
Publication
London : 2015
ISSN
0010-3292 [fout]
0165-0750
Volume/pages
52:6(2015), p. 1529-1577
ISI
000367500500004
UAntwerpen
Faculty/Department
Research group
Publication type
Subject
Law 
Affiliation
Publications with a UAntwerp address
External links
Web of Science
Record
Identification
Creation 16.02.2016
Last edited 15.11.2017
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