On 17 December 2012, following a complex negotiation which lasted 12 years, the European Parliament adopted Regulations (EU) 1257/2012 and 1260/2012 and the text of the Agreement on a Unified Patent Court (UPC Agreement). These instruments institute the `European patent with unitary effect', the first unified system for the protection of inventions within the European Union. The two Regulations will be applicable after the entry into force of the UPC Agreement, which was signed on 19 February 2013 by 24 Member States of the European Union.
This book traces the evolution of the idea behind the institution of the European patent with unitary effect, including a comparative analysis of the existing parallel regional and international procedures for the protection of inventions. It presents a synthesis of the different phases of the negotiations which led to the adoption of the first unitary patent system within the European Union. In addition it examines the provisions of the two Regulations, of the UPC Agreement and of the jurisdictional system under Brussels I Regulation. Finally, the Appendix contains the text of Regulations (EU) 1257 and 1260/2012 and of the UPC Agreement.
Alfredo Ilardi is former Head of the Collection of Laws and Treaties of the World Intellectual Property Organization (WIPO).
1. Innovation and the Industrial Property Protection Systems in the European Union I. The Genesis of Innovation II. Patent Protection as an Incentive to Innovation III. The Systems of Industrial Property Protection within the European Union: The Community Trademark and the Community Industrial Design IV. The Lack of a Unitary Patent System within the EU 2. Towards the Establishment of an Integrated European Patent System for the Protection of Inventions I. First Attempts at the International Harmonisation of National Patent Legislations and Procedures II. The 1962 Draft Convention for a European Patent Law - The 1969 Memorandum on the Setting up of a European System for the Grant of Patents - The European Patent Convention and the Community Patent Convention III. Parallel International Developments: The PCT IV. 1978 - 94: Towards a Global Protection of Intellectual Property Rights. The Project for the Revision of the Paris Convention for the Protection of Industrial Property and the TRIPS Agreement V. New Attempts at the Establishment of the Community Patent System 3. The First Phase of the Negotiations for the Adoption of a Regulation on the Community Patent I. The Commission Proposal for a Council Regulation on the Community Patent (2000) II. The Common Political Approach (2003) III. Commission Proposals on Jurisdictional Matters (2003) IV. The 2006 Consultation and the Subsequent Commission Communication on the Strengthening of the Patent System in Europe (2007) 4. The Second Phase of the Negotiations for the Adoption of a Regulation on the Community Patent: Enhanced Cooperation I. Stagnation of the Negotiations: General Considerations 2008- 11 II. The Decision Authorising the `Enhanced Cooperation' in the Area of the Creation of Unitary Patent Protection (2010) III. The Legal Basis of `Enhanced Cooperation' : The Council Decision of 11 March 2011 IV. The Debate on the Creation of a Unified Patent Litigation System: The Decision of the European Court of Justice on the Creation of a European Patent Court (2011) 5. Carrying out the Enhanced Cooperation I. The Council Decision of 10 March 2011 and the Opinion of the European Court of Justice of 8 March 2011 II. Two Commission Proposals of 26 May 2011 in Relation to the Creation of Unitary Patent Protection and with Regard to the Applicable Translation Arrangements III. The Presidency Proposal of 26 May 2011 for the Resumption of Negotiations on the Creation of a Unified Patent Litigation System IV. Agreement on the ` Patent Package ': Approval by the European Parliament on 11 December 2012 6. The European Patent with Unitary Effect I. Introduction: The Legal Nature of the Regulations II. Regulation (EU) 1257/2012 of 17 December 2012 III. Regulation (EU) 1260/2012 of 17 December 2012 IV. Conclusion 7. The Unified Patent Court I. Introduction II. The UPC Agreement and the Statute 8. The Implementation of the UPC Agreement I. The Elements for the Entry into Force and for the Implementation of the UPC Agreement II. The Regime for the Allocation of Jurisdiction and for the Reciprocal Enforcement of Judgments III. The Brussels I Regulation (Recast) IV. The Preparatory Committee for the Entry into Force of the UPC Agreement and the Rules of Procedure Conclusion Appendices I. Regulation (EU) No 1257/2012 of the European Parliament and of the Council II. Council Regulation (EU) No 1260/2012 III. Agreement on a Unified Patent Court