Traduction de «Litige en matière de brevet » (Français → Anglais) :

whereas on 4 December 2009 the Council adopted conclusions on the main features of the future patent system based on two pillars: (i) the creation of a unified patent litigation system, and (ii) the creation of an EU patent – a legal instrument for granting patents valid across the EU as a whole; whereas the Council considered that those conclusions should form part of the overall final agreement on a package of measures for an Enhanced Patent System in Europe comprising the creation of a European and EU Patents Court (EEUPC), an EU patent, including the separate regulation on the translation arrangements, an Enhanced Partnership betwee ...[+++]n the European Patent Office and central industrial property offices of Member States and, to the extent necessary, amendments to the European Patent Convention,

In the context of work on the Community patent and an integrated patent jurisdiction system, the creation of a patent arbitration and mediation centre at Community level is being explored to deal with cases where validity is not at stake. Complementing ADR facilities for patents outside the Community framework, this centre could ensure proximity and better accessibility to patent disputes by SMEs.

Recent discussions with the Member States have brought to light different views on the jurisdictional system: some Member States support the draft European Patent Litigation Agreement (EPLA) in the context of the European Patent Convention, which aims to create a single jurisdiction for disputes concerning European patents, while others favour the creation of a specific Community jurisdiction based on the Treaty for litigation on European and Community patents.

Recent discussions with the Member States have brought to light different views on the jurisdictional system: some Member States support the draft European Patent Litigation Agreement (EPLA) in the context of the European Patent Convention, which aims to create a single jurisdiction for disputes concerning European patents, while others favour the creation of a specific Community jurisdiction based on the Treaty for litigation on European and Community patents.

One possible means of ensuring access to or an adequate defence in patent litigation for SMEs can be patent litigation insurance (PLI).

1. Urges the Commission to explore all possible ways of improving the patent and patent litigation systems in the EU, including participation in further discussions on the European Patent Litigation Agreement (EPLA) and accession to the Munich Convention, as well as revision of the Community patent proposals; as regards the EPLA, considers that the proposed text needs significant improvements, which address concerns about democratic control, judicial independence and litigation costs, and a satisfactory proposal for the Rules of Procedure of the EPLA Court;