European Scrutiny Committee - Sixty-Fifth Report
The Unified Patent Court: help or hindrance?

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Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Commons to be printed 25 April 2012.

Contents

Terms of Reference

1  Introduction

2  Background

3  The draft unitary patent Regulation and agreement on the UPC

Legal base in the EU Treaties

Articles 3 and 6 to 8 of the draft unitary patent Regulation and co-decision negotiations

Article 3—European patent with unitary effect

Article 6—Right to prevent the direct use of the invention

Article 7—Right to prevent the indirect use of the invention

Article 8—Limitation of the effects of the European patent with unitary effect

Co-decision negotiations with the European Parliament

Overview of the draft Agreement to establish the UPC

Key Articles of the Agreement

Separation of infringement and validity—bifurcation

Costs

Languages

Judges

Exclusivity and transitional provisions

The Statute of the UPC

4  The Unified Patent Court: help or hindrance?

Overview

Jurisdiction of the Court of Justice

Conclusions

Separation of infringement and validity—bifurcation

Forum shopping

Conclusions

Absence of suitable judges

Conclusions

Costs of litigation and effect on SMEs

Validity of the EU impact assessment

Conclusions

Exclusivity and transitional provisions

Conclusions

Location of the Central Division

Conclusions

Supplementary protection certificates

Conclusions

Procedural rules

Conclusions

5  Overall conclusions

Process
The approach of the EU

The approach of the UK

Conclusions

Conclusions and recommendations

Formal minutes

Witnesses

List of printed written evidence

List of additional written evidence

Oral and Written Evidence

Wednesday 25 January 2012

Wednesday 1 February 2012

Wednesday 7 March 2012

Written evidence

Additional written evidence

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Prepared 3 May 2012