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

The three judges forming the patent appeal chamber should be additional judges with a view to the required professional profile of candidates and the increased case load of the Court of First Instance caused by Community patent appeal proceedings.

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 of ...[+++]Appeal should be the language of proceedings before the Court of First Instance;

(iii)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 of ...[+++]Appeal should be the language of proceedings before the Court of First Instance;

The proposal is for a single patent court, whose judiciary would be appointed by the same board as that which appoints judges to the present appeals court of the existing – purely advisory – European Patent Office.

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;