Mogelijke conclusie
Possible conclusion of the European patent Litigation Agreement by the Member States. Interim conclusions Legal Service.
Al eerder (met dank aan Howrey LLP) als eerst even voor jezelf lezen opgenomen, nu ook door Severin de Wit kort besproken op zijn IPEG-blog: “Negative Opinion on powers of EU member states to agree individually on EPLA. (…) It creates a new hurdle for EPLA to become reality anytime soon, as it concludes:
(…) 3) Directive 2004/48/EC harmonizes national legislation on the enforcement of intellectual property rights Not only would EPLA govern matters already dealt with by this Directive, but there are also contradictions between the two instruments on a number of matters."
"4) EPLA aims to lay down rules in certain areas governed by Regulation 44/200 I concerning jurisdiction and the recognition and enforcement of judgments. Notwithstanding the specific provisions of EPLA governing its relations with that Regulation, the conclusion of EPLA would affect the uniform and consistent application of the Community rules on jurisdiction and the recognition and the enforcement of judgments in civil and commercial matters
5) Compliance with Article 98[1] of EPLA would prima facie constitute a breach of Article 292 EC Treaty
6) It follows that the Community's competence is exclusive for the matters governed by EPLA and Member States therefore are not entitled on their own to conclude that Agreement."
