EU Presidency Publishes "Points For Discussion" on Possible EU Patent Litigation System

The EU Presidency has released new "Points for Discussion" toward an EU patent litigation system. The self-proclaimed "non paper" aims at setting out in more technical details for a unified European system, including

• an exclusive civil jurisdiction in all Member States dealing with patent validity, infringement and inter-related proceedings concerning European patents and future Community patents.
• comprising a first instance with divisions located in Member States, a second instance, and a Registry, all with uniform procedures
• in the official or designated language(s) of the Memeber State in question.
• The division concerned would be entitled to dispense with translation requirements for the patent and supporting documentation. Parties would also be entitled to agree on the use of the language of the patent, subject to approval by the competent division.

"The European Council’s working party on intellectual property is due to meet again on November 7," adds Emma Barraclough, in Managing Intellectual Property magazine. "If they can reach agreement, the proposals will then be discussed by COREPER, . . . and then by the Council of Ministers."