Bulletin n. 1/2012 | ||
June 2012 | ||
Lamblin-Gourdin Anne-Sophie |
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Les coopérations renforcées au secours du brevet unique européen? | ||
in Revue de l'Union européenne/Revue du Marché Commun et de l'Union européenne , n. 557, avril , 2012 , 254-269 | ||
On March 10, 2011, the European Union Council agreed to use reinforced cooperation to set up the single European patent or community patent, and negotiation allowing to adopt that industrial property title are underway. The idea is the put an end to almost fifty years of thinking and negotiationg, impeded by the difficult determination of its status and of the dispute settlement system. With respect thereto, the use condition of reinforced cooperation are fulfilled. In spite of that, one can wonder about the timeliness of that solution, which only partly remedies the current inside market segmentation. Mainly, the community patent will not be really interesting unless it comes with a central dispute settlement system. Yet the legal imbroglio is such that none of the considered options is perfectly convincing. As a result, it is advisable that, in the name of economic efficiency, the European Union make the breach of differentiation in the inside market to establish a title whose effects may be only partly unified? | ||