|Bifurcation - litigating just one half of the |
patent cookie can be satisfying
or unappetising depending if you are
|HHJ Colin Birss QC - Will our|
extremely qualified patent judge
have to bid adieu to patent cases
in the PCC because
unified patent proposals?
|Mr. Stephen Phillips MP|
"I think there are a few reasons. The first is, let’s assume this is going ahead, we can talk about the problems but, let’s assume it’s going ahead and as I have said I think it has an appearance of a train that is not stopping anywhere. I do not personally feel it’s an option for the UK to opt-out because if you opt-out you will be marginalized and patent litigation will take place outside the UK. Assuming, it continues, if we get the Central Division, whoever gets the Central Division, will be able to mitigate or to put its own national stamp - because it’s the most important place – on how this Court works. So for example, there will be decisions the Central Division makes that will affect everywhere and you will be able to mitigate, definitely, the most serious effects. The second point is that this is going to be a really important European institution – we don’t have them. Germany already has the EPO. If Germany gets this court as well, aside from the economic benefits I have discussed, you also have the situation which militates against fairness. That the very place, and indeed I think Germany proposed to have it in Munich, that is granting the patents is deciding on their validity as well, and that to me does not have a perception of justice at all. And the third reason I point to, is simply the economic benefits for the UK if we do get the Central Division in terms of skilled employment, of vast increase in patent litigation and the opportunity to use and expand our expertise."
the AmeriKat's "Flag on T-shirts"
theme, the French flag on a t-shirt
|Dr. Christian Gassauer-Fleissner|
"...the inclusion of Articles 6 to 8 and the consequence that the ECJ would be involved in matters of substantive law...There are various important issues – one is a timing issue. The involvement of the ECJ will delay infringement proceedings for years. Second is the cost…and third, which is maybe the most important, is that the judges at the ECJ do not have patent law expertise and this is the point where I personally really do not understand the approach because what we are talking about here related to the UPC system, if I may call it that, is to get as many experienced patent judges as possible and get away cases from local courts that do not have patent experience in the first instance. What is proposed now is that there should be experienced local divisions/regional divisions at the lower level at the first instance and at the Court of Appeal there should be experienced judges (aside from the question of where they will come from)...but then at the highest instance, at the ECJ, there will not be any experienced patent law judges any more. In a way, what you can criticize about the system as it is now in some countries, is that at the lower level of courts you don’t have patent law expertise of the judges, and now you are turning it upside down and creating a problem at the highest instance....
. . .
One other thing, of course, is the issue of the costs – nobody knows what this is going to cost. On the one hand, currently at least in my country, even the Government does not know what it would cost because there are still disputes about where the local divisions would be and whether each country would have a local division. Second no one knows what the court fees will be. Nobody knows what costs will be reimbursed... by the successful party."
|The consequences of "chilling effects: that the AmeriKat |
would like to see....
WILLIAM CASH MP: If the evidence that we have received, and it seems pretty conclusive, is that intellectual property judges, practitioners and the industry all over Europe, by the sound of it, are so against the proposed regulation and agreement, why is it that these proposals are being pushed through and hurried through in Brussels?
DR. GASSAUER-FLEISSNER: I don’t know. I think the only reason I can see the one that was also mentioned earlier - that the previous Presidency wanted to present some kind if success after many years of discussions. I may add one thing to what was said before. I am pretty sure it was not German industry that pushed this because as I said before my predecessor, who was German, he really was campaigning almost half of his time against this. I don’t think there were particular German interests behind this.
|What do the Fates have in store|
for the unified patent proposals?