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Please use this identifier to cite or link to this item: http://hdl.handle.net/10373/619

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Title: ECJ Advocate General rejects EU patent litigation scheme
Authors: Bonadio, Enrico
Affiliation: University of Abertay Dundee. Dundee Business School
Issue Date: 2010
Publisher: Oxford Journals
Type: Journal Article
Refereed: peer-reviewed
Rights: This is the author's accepted version of the article. Published version (c)Oxford Journals,available from http://jiplp.oxfordjournals.org/content/5/12/826
Citation: Bonadio, E. 2010. ECJ Advocate General rejects EU patent litigation scheme. Journal of Intellectual Property Law and Practice. 5(12): pp. 826-7. [Online] Available from http://dx.doi.org/doi:10.1093/jiplp/jpq157
Abstract: Opinion 1/09 of the Advocate General, Juliane Kokott, 2 July 2010. The Advocate General of the Court of Justice of the European Union (ECJ) has found that the EU centralized patent litigation system recently proposed by the Council of the European Union does not comply with EU law. In her opinion, among the various incompatibilities, she stressed that the proposed linguistic system would violate the rights of defence. This opinion constitutes a blow to the efforts to finally reach the long-awaited EU patent litigation scheme (as envisaged in the Draft Agreement on the European and Community Patents Court). This blow will be even stronger, should the ECJ confirm her opinion.
URI: http://hdl.handle.net/10373/619
ISSN: 1747-1532
Appears in Collections:Dundee Business School Collection

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