The Unified Patent Court (UPC) in Action - How Will the Design of the UPC Affect Patent Law?

Research output: Working paperResearch

Standard

The Unified Patent Court (UPC) in Action - How Will the Design of the UPC Affect Patent Law? / Petersen, Clement Salung; Riis, Thomas; Schovsbo, Jens Hemmingsen.

2014.

Research output: Working paperResearch

Harvard

Petersen, CS, Riis, T & Schovsbo, JH 2014 'The Unified Patent Court (UPC) in Action - How Will the Design of the UPC Affect Patent Law?'.

APA

Petersen, C. S., Riis, T., & Schovsbo, J. H. (2014). The Unified Patent Court (UPC) in Action - How Will the Design of the UPC Affect Patent Law?

Vancouver

Petersen CS, Riis T, Schovsbo JH. The Unified Patent Court (UPC) in Action - How Will the Design of the UPC Affect Patent Law? 2014.

Author

Petersen, Clement Salung ; Riis, Thomas ; Schovsbo, Jens Hemmingsen. / The Unified Patent Court (UPC) in Action - How Will the Design of the UPC Affect Patent Law?. 2014.

Bibtex

@techreport{f02006ba7ee84248b8ee52559e41ee4e,
title = "The Unified Patent Court (UPC) in Action - How Will the Design of the UPC Affect Patent Law?",
abstract = "The new common judiciary for European patents (UPC) will play a crucial role in the future European patent system. The UPC will be a very specialised court that i.a. recruits judges from specialists’ circles and has as part of its mission to develop a coherent and autonomous body of case law. The article points out that the UPC because of this design will be biased towards technology based values and uniformity at the expense of other values and interests e.g. non-economic public interests, and values associated with diversity. The practical effects of these biases are analysed regarding cases involving ordre public and morality and scope of protection. The article shows that the biases will affect the law in all the areas discussed and that if unchecked they will reduce some of the “wriggling room” which the current system has provided. To maintain that room a focused effort by the UPC to neutralise the effects of the biases is needed. Lastly, concrete steps to achieve this rebalancing are proposed.",
keywords = "Faculty of Law, Unified Patent Court, UPC, patent law, EU",
author = "Petersen, {Clement Salung} and Thomas Riis and Schovsbo, {Jens Hemmingsen}",
note = "Available at SSRN: http://ssrn.com/abstract=2450945 or http://dx.doi.org/10.2139/ssrn.2450945. Edited version forthcoming in {"}Transitions in European Patent Law – Influences of the Unitary Patent Package{"} (Kluwer 2015).",
year = "2014",
language = "English",
type = "WorkingPaper",

}

RIS

TY - UNPB

T1 - The Unified Patent Court (UPC) in Action - How Will the Design of the UPC Affect Patent Law?

AU - Petersen, Clement Salung

AU - Riis, Thomas

AU - Schovsbo, Jens Hemmingsen

N1 - Available at SSRN: http://ssrn.com/abstract=2450945 or http://dx.doi.org/10.2139/ssrn.2450945. Edited version forthcoming in "Transitions in European Patent Law – Influences of the Unitary Patent Package" (Kluwer 2015).

PY - 2014

Y1 - 2014

N2 - The new common judiciary for European patents (UPC) will play a crucial role in the future European patent system. The UPC will be a very specialised court that i.a. recruits judges from specialists’ circles and has as part of its mission to develop a coherent and autonomous body of case law. The article points out that the UPC because of this design will be biased towards technology based values and uniformity at the expense of other values and interests e.g. non-economic public interests, and values associated with diversity. The practical effects of these biases are analysed regarding cases involving ordre public and morality and scope of protection. The article shows that the biases will affect the law in all the areas discussed and that if unchecked they will reduce some of the “wriggling room” which the current system has provided. To maintain that room a focused effort by the UPC to neutralise the effects of the biases is needed. Lastly, concrete steps to achieve this rebalancing are proposed.

AB - The new common judiciary for European patents (UPC) will play a crucial role in the future European patent system. The UPC will be a very specialised court that i.a. recruits judges from specialists’ circles and has as part of its mission to develop a coherent and autonomous body of case law. The article points out that the UPC because of this design will be biased towards technology based values and uniformity at the expense of other values and interests e.g. non-economic public interests, and values associated with diversity. The practical effects of these biases are analysed regarding cases involving ordre public and morality and scope of protection. The article shows that the biases will affect the law in all the areas discussed and that if unchecked they will reduce some of the “wriggling room” which the current system has provided. To maintain that room a focused effort by the UPC to neutralise the effects of the biases is needed. Lastly, concrete steps to achieve this rebalancing are proposed.

KW - Faculty of Law

KW - Unified Patent Court

KW - UPC

KW - patent law

KW - EU

M3 - Working paper

BT - The Unified Patent Court (UPC) in Action - How Will the Design of the UPC Affect Patent Law?

ER -

ID: 117249664