The Unitary Patent Package, the Court of Justice of the European Union, and Brexit: (Ir)reconcilable?
Walsh, K
Date: 29 April 2019
Article
Journal
Intellectual Property Quarterly
Publisher
Sweet and Maxwell
Abstract
For seventy years, debates in the European patent community have centred on the
introduction of a unitary patent system. For an efficient and effective European patent system, there
are two key aspects – the promotion of harmonisation and the consideration of wider societal
implications. In considering these two key aspects, this ...
For seventy years, debates in the European patent community have centred on the
introduction of a unitary patent system. For an efficient and effective European patent system, there
are two key aspects – the promotion of harmonisation and the consideration of wider societal
implications. In considering these two key aspects, this article focuses on the role of the Court of
Justice of the European Union (CJEU) in the Unitary Patent Package (UPP) and the added
complication of Brexit. In doing so, it examines the relevant institutional issues that have arisen in the
lead up to the finalisation of the UPP, which continue to cause issues as a result of Brexit, and proposes
a new way forward for reconciliation. It is argued that the continued questioning of the role of the
CJEU goes against the overarching goal of a harmonised patent system that still considers the wider
implications of its decisions.
Law School
Faculty of Humanities, Arts and Social Sciences
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