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EU – AG's opinions in Spain's action (summary)

19 Nov 2014

Advocate General's Opinion recommends dismissal of Spain's actions against EU Regulations on Unitary Patent protection and translation arrangements and urges countries to ratify the UPC Agreement, by Audrey Horton & Wouter Pors, Bird & Bird

The European Union is on the threshold of a single patent for almost all of its Member States, the Unitary Patent, and an international court to enforce both such patents and traditional European patents, the Unified Patent Court (UPC). After many attempts to create a Community Patent failed, an increasing number of Member States joined forces to create the next best thing by way of an enhanced cooperation within the EU, which resulted in the plans for the Unitary Patent. This would be established through a Regulation of the European Parliament and the Council that would apply in the participating Member States, the Unitary Patent Regulation. In the end 24 Member States joined this Regulation, with the exception of Croatia (which will join later), Italy, Poland and Spain.

Read the entire contribution here.