One
development in E.U. law that has arisen since my book went to press last fall
is the conclusion of (1) two Regulations relating to a European Patent with
Unitary Effect and (2) an Agreement on a Unified Patent Court. These new systems are (for now) scheduled to
go into effect on January 1, 2014, though the Agreement on the Unified Patent
Court still needs to be ratified and there are other reasons to believe that
implementation of the system will be delayed. Nevertheless,
these developments promise to have a substantial impact on patent litigation
within the E.U., and I will have more to say about them in the coming weeks. For now, I highly recommend a website hosted
by Véron & Associés that provides “access to the main publicly available
documents relating to the future Unitary Patent and Unified Patent Court,” and
these overviews of the future system from the EPO and from Latham & Watkins.
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