Enhanced cooperation in the area of intellectual property

Question 1

Where are provided provisions on enhanced cooperation?

Answer 1

In the Treaty on the European Union as well as in the Treaty on the Functioning of the European Union.

Question 2

What should enhanced cooperation aim to?

Answer 2

Enhanced cooperation shall aim to further the objectives of the Union, protect its interests and reinforce its integration process.

Question 3

Is enhanced cooperation open to all member states?

Answer 3

Yes.

Question 4

In which areas can the enhanced cooperation be established?

Answer 4

In areas covered by the treaties with the exception of fields of exclusive competence and the Common Foreign and Security Policy.

Question 5

Who grants the authorization to proceed with enhanced cooperation in the field of common policy and security policy?

Answer 5

The authorization shall be granted by the Council on the proposal from the Commission and after obtaining the consent of the European Parliament?

Question 6

Which article of the Treaty of the Functioning of the European Union provides conditions for acts adopted within the framework of the enhanced cooperation?

Answer 6

Article 263.

Question 7

What legal acts are the basis for enhanced cooperation in the area of intellectual property?

Answer 7

Regulation of the European Parliament and of the Council of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection;
The Council Regulation implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation agreements.

Question 8

Is the European Patent Organization an institution of the European Union?

Answer 8

No.

Question 9

What is a unitary patent?

Answer 9

A European patent with unitary effect.

Question 10

On which Convention is the unitary patent system built?

Answer 10

On the European Patent Convention.

Question 11

What kind of protection provides the unitary patent?

Answer 11

It provides uniform protection and has an equal effect in all the participating Member States.

Question 12

Which countries are not participating in enhanced cooperation in the area of the creation of a unitary patent protection?

Answer 12

Spain and Croatia.

Question 13

What is the Unified Patent Court?

Answer 13

The Unified Patent Court is a common court for all the member states, the party to the agreement on the Unified Patent Court and thus part to the judicial system.

Question 14

What kind of competence does the Unified Patent Court have?

Answer 14

It has exclusive competence in respect of unitary patents as well as in respect of classic European patents validated in one or several of those states.

Question 15

Where will The Central Division of the Unified Patent Court be located?

Answer 15

In Paris, London and Munich.

Question 16

Is the Union able to exercise control over this system?

Answer 16

No.

Question 17

By what treaty was the institution of enhanced cooperation introduced?

Answer 17

It was introduced by the Treaty of Amsterdam.

Question 18

By what treaty was the institution of enhanced cooperation extended to the Common Foreign and Security Policy?

Answer 18

The Treaty of Nice.

Question 19

By what treaty was the institution of enhanced cooperation subsequently modified?

Answer 19

The Lisbon Treaty.

Question 20

What is article 20. of the Treaty on the EU?

Answer 20

…

Question 21

In what area may enhanced cooperation be established?

Answer 21

In the area of non-exclusive competences of the EU.

Question 22

Explain the conditions of the establishment of enhanced cooperation.

Answer 22

…

Question 23

Explain the procedure of the establishment of enhanced cooperation.

Answer 23

…

Question 24

Explain the procedure of the establishment of enhanced cooperation within the framework of the Common Foreign and Security Policy.

Answer 24

…

Question 25

If a member state wishes to participate in enhanced cooperation to whom does it notify its intention?

Answer 25

To the Council and the Commission.

Question 26

In what time does the Commission have to confirm the participation of a member state?

Answer 26

Within four months of the date of receipt of the notification.

Question 27

What does the Commission do if the conditions for participation have not been fulfilled?

Answer 27

It shall indicate arrangements to be adopted to fulfill those conditions and shall set a deadline for re-examining the request.

Question 28

If a member state wishes to participate in enhanced cooperation within the framework of the Common Foreign and Security Policy to whom does it notify its intention?

Answer 28

To the Council, the High Representative of the Union for Foreign Affairs and Security Policy and to the Commission.

Question 29

What is article 263. of the Treaty on the Functioning of the EU?

Answer 29

…

Question 30

What can be initiated at the European Patent Organization after an European patent has been granted?

Answer 30

A separate post- grant procedure with a view to obtaining an unitary patent.

Question 31

Which conditions member states have to meet if they want to apply the unitary system of patent protection?

Answer 31

• they are signatories to the Convention on the grant of European patents
• they belong to the EU
• they joined enhanced cooperation
• they have ratified the agreement on the Unified Patent Court

Question 32

What does the Unified Patent Court provide proprietors with?

Answer 32

It provides them with a means of avoiding the high-cost risk and complexity associated with multiple litigations in different jurisdictions.

Question 33

What is the Unified Patent Court’s jurisdiction?

Answer 33

Its rulings will have an effect in the territories of all the member states that have ratified the agreement on the Unified Patent Court. It also has jurisdiction over decisions taken by the European Patent Organization on the request for unitary patents and any other decisions.

Question 34

What was the main problem with the first draft of the agreement on Unified Patent Court?

Answer 34

The Court of Justice held that it is not compatible with the treaties as by conferring on an international court which is outside the institutional and the judicial framework of the EU and the exclusive jurisdiction to hear a significant number of actions brought by individuals in the field of Community Patent.

Question 35

What happened with EU in the next draft of the agreement?

Answer 35

EU was excluded as a party to the agreement.

Question 36

What is the consequence of the second draft of the agreement?

Answer 36

It is an agreement concluded between member states of the EU, but it is outside the Union’s framework.

Question 37

How many countries have ratified the agreement on Unified Patent Court so far?

Answer 37

16.

Question 38

Why is the ratification of the agreement on Unified Patent Court suspended in Germany?

Answer 38

Due to a constitutional complaint load with the Federal Constitutional Court.

Question 39

Explain the perspectives of the future development of the EU.

Answer 39

It may happen that the EU legal system will differentiate, meaning that certain member states would want to do more in common. One or several coalitions are willing to emerge to work together in specific policy areas.

Question 40

What is the legal instrument which may constitute for a basis for the future differentiation of the EU?

Answer 40

Enhanced cooperation.

Question 41

Explain the process of application to the European Patent Organization.

Answer 41

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