Proposal for a Council Regulation on the Community Patent234 Sample Clauses

Proposal for a Council Regulation on the Community Patent234. In August 2000, the Commission presented a proposal for a Council Regulation on a Community patent.235 The purpose of the proposal is fourfold, (1) eliminate the distortion of competition which may result from the territorial protection of the Member States national patent rights, (2) ensuring the free movement of patent-protected goods, (3) minimise the meaning of the “nationality” of production and distribution sites and (4) to stimulate private investment and thus innovation of European research results.236 The proposed Regulation is limited to govern the Community patent ex post, once it has been granted. The ex ante procedures are proposed to be governed by the European Patent Convention and administered by the European Patent Office in Munich.237 It will become a Community patent first when the patent has been granted by the Office. 229 Directive 98/44/EC recital 1. 230 Ibidem recital 2.‌ 231 Ibidem recital 3. 232 Directive 98/44/EC Article 17 and OJ L213 of 30.7.98. 233 Directive 98/44/EC Article 15.1 By the first of October 2002, had only six member states implemented the directive in due order (Denmark, Finland, Ireland, the United Kingdom, Greece and Spain), se COM (2002) 545 final (Annex 1). 234 Proposal for a Council Regulation on the Community patent, Brussels, 1.8.2000, COM (2000) 412 final, 2000/0177 (CNS).‌ 235 Proposal for a Council Regulation on the Community patent, Brussels, 1.8.2000, COM (2000) 412 final, 2000/0177 (CNS). 236 COM (2000) 412 final, p. 6.‌ 237 Ibidem pp. 7-8. The proposed patent right is unitary in nature. It will have the same effect throughout the community. It will be granted, transferred, declared void or allowed to lapse in respect of the whole Community only.238 Furthermore, the Community patent is further proposed to only be subject to the provisions of the proposed Regulation and to the general principles of Community law, hence completely separated from the national systems of industrial property.239 It is, however, to be governed by the same principles of patent law as laid down in international law and implemented in national legislation. The autonomy of the proposed Community patent is further accentuated by a separate judicial system also presented in the Commission proposal. The establishment of a centralised “Community Intellectual Property Court” is proposed with exclusive jurisdiction over questions relating to validity and infringement of a Community patent.240 The proposal also provides for administrat...
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