back to overview Update on the unitary patent: CJEU dismisses the actions brought by Spain and Italy

In a decision issued today for joined cases Kingdom of Spain (C 274/11) and Italian Republic (C 295/11) v. Council of the European Union, the Court of Justice of the European Union (CJEU) dismissed the actions brought by Spain and Italy against the Council’s decision authorizing enhanced cooperation in the area of the unitary patent.

Although the judgement of the CJEU does not come as a surprise after the Advocate General, Mr. Yves Bot, expressed the same opinion in December last year, it represents an important milestone in establishing a unitary patent protection. The new system is expected to come into force in 2015, after ratification by at least 13 member states including Germany, France and UK.

Today’s press release of the CJEU can be downloaded at:

http://www.mueller-bore.de/tl_files/Decisions_CJEU/cp130047en.pdf

The decision of the CJEU can be downloaded at:

http://www.mueller-bore.de/tl_files/Decisions_CJEU/CJEU_136302.pdf

Should you have any questions, please feel free to contact burger@mueller-bore.de.

download Pdf