Created in 2013 after a troubled and long standing debate, the Unified Patent Court (UPC) is a ‘Common Court’ of 25 EU Member States that will adjudicate on ‘classical’ European Patents and on the new European patents with unitary effect. Although its establishing Agreement has not yet entered into force, the establishment of the UPC makes for a very interesting case study. It is a unique construct in the field of international courts and it might well inspire the creation of other ‘common jurisdictions’ in other fields lying on the border between international and EU law. Future dialogue between the CJEU and the UPC will have to deal with some controversial issues that might require some innovative approaches in the CJEU’s jurisprudence and some caution on the part of the UPC. Despite all the efforts made to mitigate the international origin of the UPC, it remains a fundamental anomaly in the system of EU courts, and it clearly demonstrates that the current EU system of judicial protection requires profound reconsideration.

New developments in the eu system of judicial protection: The creation of the unified patent court and its future relations with the CJEU

Alberti J
2017

Abstract

Created in 2013 after a troubled and long standing debate, the Unified Patent Court (UPC) is a ‘Common Court’ of 25 EU Member States that will adjudicate on ‘classical’ European Patents and on the new European patents with unitary effect. Although its establishing Agreement has not yet entered into force, the establishment of the UPC makes for a very interesting case study. It is a unique construct in the field of international courts and it might well inspire the creation of other ‘common jurisdictions’ in other fields lying on the border between international and EU law. Future dialogue between the CJEU and the UPC will have to deal with some controversial issues that might require some innovative approaches in the CJEU’s jurisprudence and some caution on the part of the UPC. Despite all the efforts made to mitigate the international origin of the UPC, it remains a fundamental anomaly in the system of EU courts, and it clearly demonstrates that the current EU system of judicial protection requires profound reconsideration.
File in questo prodotto:
Non ci sono file associati a questo prodotto.

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11392/2408723
 Attenzione

Attenzione! I dati visualizzati non sono stati sottoposti a validazione da parte dell'ateneo

Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus 5
  • ???jsp.display-item.citation.isi??? ND
social impact