TEPSA Background Paper “The Unified Court on Patents: The New Oxymoron of European Law”

The TEPSA Background Paper / Egmont Paper 60 “The Unified Court on Patents: The New Oxymoron of European Law” was written by Franklin Dehousse.

The creation of the unified patent court could be perceived by many observers of European affairs as an extremely specialized debate, which has produced a highly complex compromise after decades of negotiations. This perception is correct, but incomplete. This creation will also have multiple systemic impacts on the general institutional system of the European Union. This is quite understandable. We have not seen often in the past the application of EU law being entrusted to an international agency, established by a treaty between the Member States and third countries, and judicial review of EU law entrusted to an international court, established by a treaty between Member States. Additionally, the joint use of enhanced cooperation regulations and an international treaty to accomplish a goal of the single market is unusual, not to say unprecedented. This paper examines the possible systemic consequences of this situation, for those of us who have devoted their daily life to EU affairs in general rather than to patents in particular.

The author is Professor (in abeyance) at the University of Liège and judge at the Court of Justice of the European Union (General Court). His comment is strictly personal.

Here you can consult the TEPSA Background Paper December 2013 no.2.