Judging dread: what is the EEUPC?


IP is a booming business these days, and Europe’s myriad personalities are seen as a hindrance to cheap and effective patent protection. A European patent is obtainable, but enforcement is riddled with practical problems.

The Court of Justice (formerly the European Court of Justice) has a decision to make. It could ratify the Draft Agreement on the European and European Union Patents Court (EEUPC) and declare it compatible with EU treaties. The draft agreement, as it stands, makes provisions for a whole host of things that seem to divide the opinion of the companies and patent attorneys who might benefit from them.

The court could also go the other way. It could agree with Advocate General Kokott, who signed the opinion that decided that the draft agreement was incompatible with EU treaties. If the court agrees, this would mean that the current draft agreement would need redrafting—a process it has undergone several times already, over several years.

As options go, these do not seem like very good ones.

EEUPC, EU Treaty, patent litigation system