The aim of the article is to discuss the problems connected with introducing the unitary patent system, the so-called patent package, which comprises the European unitary patent, and the Unified Patent Court. The article presents the origin of creating the unitary patent system with the consideration of the most significant views on the subject over the years. At the same time, the legal basis for the creation of the said system based on strengthened cooperation of the majority of Member States, as well as the objections raised in connection with it by Member States opposing it, were elaborated. In this scope, the article discusses two European regulations introducing strengthened cooperation in the field of obtaining European unitary patents, i.e. the regulation of the European Parliament, regulations of the Council no. 1257/2012 and 1260/2012 as well as the international agreement on the Unified Patent Court, contained in the document of the Council no. 16351/12. The European unitary patent was described with particular emphasis on its language system as well as the effects it will have once it becomes binding. Also, the legal status, the structure and the competence of the Unified Patent Court, which will be competent for settling disputes arising in connection with European patents, as well as European unitary patents were discussed. Moreover, the article indicates potential consequences which could appear as a result of introducing the said system in Poland, which is one of the countries of low level of innovativeness.
May 24, 2017
Aug 27, 2014
|Jednolity system ochrony patentowej||May 24, 2017|
Świerczyna, Anna Szczepaniak, Mateusz. Red. Nawieśniak, Dawid. Red. Nitkowski, Mateusz. Red. Pietraszewska, Aleksandra. Red.