Free Newsletter

  • Which training workshop is of most value to your organisation?
  • Preparing your business for the Internet of Things
  • The Internet of Things and Cloud computing
  • Radio technologies for connecting the Internet of Things
  • Smart Cities and intelligent infrastructure
  • WebRTC and the end of the telco
Meet the leaders of the mobile app economy ? Open Mobile Summit, London, June 8-9
Navigation Strategies Europe 2011
ITU Telecom World, 24-27 October 2011 at Palexpo, Geneva, Switzerland
Ubiquitous Location and Positioning Technology, 6th-7th December 2011, Chicago
Advertize your telecoms job

European patent enforcement pushed aside by EU Court of Justice

There have been a torrent of negative comments relating to the Court of Justice of the European Union’s decision not to allow a unified patent litigat


Published: 10 March, 2011


There have been a torrent of negative comments relating to the Court of Justice of the European Union’s decision not to allow a unified patent litigation system for Europe.

The decision is just a few days old and was supposed to be part and parcel of the London Agreement, under which 12 of the 27 EU countries were going to adopt a single patent granting process, all heading for a tidy patent system across Europe.

If patents are now granted in that way, they will still have to be pursued legally through multiple courts if the Court of Justice declines a role as an appeal court for these legal decisions Europe wide. So we may end up with a way of creating a European “mini-patent,” but no way of policing it.

This works two ways. It makes it more difficult to file a patent and protect it for European companies, but it also makes it tough for any US or other overseas companies to police their own patent infringement suits across Europe.

The Court of Justice of the European Union rejected the unified litigation proposal, deeming it incompatible with the provisions of the Treaty on European Union and the Treaty on the Functioning of the European Union, the two principle treaties upon which the Union is based.

The proposal included a single European court structure to handle patent litigation initially for signature by members of the London Agreement with a view to this broadening to other European countries.

Local lawyers complain that the Court has poured cold water over proposals which have wide support by industry, judges and patent professionals and most commentators view it as a big step in the wrong direction.

The fact that many US patents have already been filed somewhere in Europe, often results in the better organized US companies, suing the real inventor of the breakthrough, and this would be greatly improved if the US had a single place to look up European Patents, and a single language to do it in.

If the Court of Justice won’t take patent appeal cases, then original cases as well as appeals will have to be carried out on a country by country basis. What most people wanted was not for the Court of Justice to take patent cases on, but for a new court to be set up with that kind of expertise, under its jurisdiction. That now will not happen.


Add Comment
No comments yet. Be the first to add a comment!

    European Carrier Mobile Broadband Network Performance

    Analysing and comparing the data speed, latency, network quality and smartphone penetration for 94 mobile carriers in 28 European countries....

    Next Generation Haptics: Market Analysis and Forecasts

    An in-depth study of the growing popularity of haptics-enabled tactile feedback on mobile devices to augment UI interactions and enrich...

    Satellite Phones: Will Dual Mode Help the Phoenix Rise from the Ashes?

    Satellite phones have followed an arduous path since their much-hyped launch more than a decade ago. The hype was followed by an e...

    Mobile Widget Platform Market Analysis: Understanding the Business Case and ROI

    This white paper presents an analysis of the mobile widget platform market, as well as metrics supporting a mobile carrier?s busin...


You must be a registered user to post a comment. or
Username *
Email *
Comment *