Traduction de «Court Customs and Patent Appeals » (Anglais → Français) :

Chapter II contains amendments to the Statute of the Court of Justice with respect to the function of the Court of First Instance as Community Patent Appeal Court providing in particular for a specialised patent appeal chamber within the Court of First Instance and special provisions governing the procedure before it.

the language of proceedings before any local or regional division should be the official language of the Contracting Member State hosting the division or the official language designated by the Contracting Member States sharing a regional division; the parties should be free to chose the language in which the patent was granted as language of proceedings subject to the approval of the competent division; the language of proceedings before the central division should be the language in which the patent concerned was granted; the language of proceedings before the Court ...[+++]ass=yellow2> of Appeal should be the language of proceedings before the Court of First Instance;

As regards the legal arrangements, the Committee on Legal Affairs and the Internal Market proposes that first instance jurisdiction should be at national level, such that appeals can be made to national courts with experience in patent cases as first instance courts for Community patent litigation, while second instance decisions would be the responsibility of the European Chamber for intellectual property.

As regards the legal arrangements, the Committee on Legal Affairs and the Internal Market proposes that first instance jurisdiction should be at national level, such that appeals can be made to national courts with experience in patent cases as first instance courts for Community patent litigation, while second instance decisions would be the responsibility of the European Chamber for intellectual property.

The proposed solution, that is, that the patent courts in the Member States should have jurisdiction at first instance, without discrimination, with the Community intellectual property court ruling at appeal, is a happy compromise between centripetal and centrifugal tendencies and will guarantee easy access to the courts, swift justice and affordable appeals, making innovation easier for small and medium-sized enterprises and hence fitting in with European employment policy in general.

5. Considers that national courts should have jurisdiction in patent infringement or revocation actions, that the substance of such cases should be examined by two national courts and that the European Court of Justice should be the court which hears appeals on points of law;