Unified Patent Court - Effects

bpb101

What are people thoughts on the effects of a Eu wide patent court.
its been on the cards for a while , but i think the goverment probable thought it would be too difficult to understand to have with the ssm ref.

" the Unified Patent Court will allow actions to be filed under patent legislation in a single court to decide on the validity of a patent throughout up to 25 EU Member States thereby removing the need for country specific litigation and massively reducing legal costs"



Basically the court will allow eu wide patents to be filed. This new court will require an Irish referendum.
The court will also hear IP disputes as far as i am aware.

I have a few issues with this.

1) The possibility of it being used as a fast track court for people like sony to sue people for illegal downloading

2) It will make it easier for patent trollto operate



What are people thoughts on this .
I know its kinda old news , but ....

expectationlost

frkellyip says referendum mid 2016 http://frkelly.com/?p=3150

Germany will start the parliamentary ratification process after the summer recess. As France has already ratified, it seems the big three are well under way to ratify the agreement.

Beside these three countries, ten more countries need to ratify the agreement before the unitary patent will start. Six countries have already done so, and it seems that the required additional four will follow.

http://unitary-patent.blogspot.ie/2015/07/unitary-patent-mandatory-ratification.html

bpb101

Does the countrys that dont sign up, get it ,if 13 others agree

In Ireland case , if (and hopefully when) we vote no, If 13 others agree to it , to we still have to obey by it

expectationlost

bpb101 wrote: »

Does the countrys that dont sign up, get it ,if 13 others agree

In Ireland case , if (and hopefully when) we vote no, If 13 others agree to it , to we still have to obey by it

maybe to a certain extent, but people could choose to continue to go through our court

Robbo

bpb101 wrote: »

1) The possibility of it being used as a fast track court for people like sony to sue people for illegal downloading

2) It will make it easier for patent trollto operate



What are people thoughts on this .
I know its kinda old news , but ....

1. You are aware that it will deal with patents, not copyright issues, right?

2. The UPC changes nothing as regards costs. Patent trolling is far less economically viable in the EU as the loser has to pay the winners costs. In the States, each side generally bears their own costs so vexatious patent litigation is a far less risky proposition.

bpb101

Robbo wrote: »

1. You are aware that it will deal with patents, not copyright issues, right?

Yes, but dose it not hear all ip disputes?

2. The UPC changes nothing as regards costs. Patent trolling is far less economically viable in the EU as the loser has to pay the winners costs. In the States, each side generally bears their own costs so vexatious patent litigation is a far less risky proposition.

yes, but my main concern would be point 1. It would still be easier for them to operate , no?

expectationlost

Robbo wrote: »

2. The UPC changes nothing as regards costs.

2) A second major breakthrough came from the side of the Select Committee of the Administrative Council of the EPO. This committee is to determine the level of renewal fees for the Unitary Patent. After hard negotiations, the committee agreed to the European Patent Office’s “True Top 4″ proposal. This means that in the future a patentee will be able to receive a Unitary Patent protection in 26 European countries (including Italy) for the same price as he currently pays for validation of a European patent in the 4 most used member states.

http://kluwerpatentblog.com/2015/07/17/italian-sun-is-shining-over-the-unitary-patent-package/