Comments on: Attorney General Mr. Bot: CJEU Should Not Kill Enhanced Co-Operation for Unitary Patent http://blog.ksnh.eu/en/2012/12/11/attorney-general-mr-bot-cjeu-should-not-kill-enhanced-co-opertation-for-unitary-patent/ Intellectual Property Observations Thu, 14 Nov 2013 21:31:32 +0000 hourly 1 http://wordpress.org/?v=3.4.1 By: Gibus http://blog.ksnh.eu/en/2012/12/11/attorney-general-mr-bot-cjeu-should-not-kill-enhanced-co-opertation-for-unitary-patent/#comment-1826 Gibus Tue, 11 Dec 2012 13:50:05 +0000 http://blog.ksnh.eu/en/?p=3614#comment-1826 Note that in several times, Bot says that this decision does not preclude opinion on the implementing regulation. In particular, <a href="http://curia.europa.eu/juris/document/document_print.jsf?doclang=EN&text=&pageIndex=1&part=1&mode=req&docid=131666&occ=first&dir=&cid=539738#point62" rel="nofollow">note</a>: "the objectives pursued cannot be achieved by the Member States". Does it ring a bell with uniform protection defined not in unitary patent regulation bu in Unified Patent Court international non-EU inter-States agreement? Note that in several times, Bot says that this decision does not preclude opinion on the implementing regulation.

In particular, note: “the objectives pursued cannot be achieved by the Member States”. Does it ring a bell with uniform protection defined not in unitary patent regulation bu in Unified Patent Court international non-EU inter-States agreement?

]]> By: no conclusion http://blog.ksnh.eu/en/2012/12/11/attorney-general-mr-bot-cjeu-should-not-kill-enhanced-co-opertation-for-unitary-patent/#comment-1822 no conclusion Tue, 11 Dec 2012 11:58:18 +0000 http://blog.ksnh.eu/en/?p=3614#comment-1822 It seems as though they just skipped the language discrimination argument as "the language is not decided yet". Or did I read it wrongly? If so, it seems the decision is only postponed to after the unified patent becomes alive. However, the postponing is as effective as killing any possible future discussion as it is easy to see that, by then, it will be too late and politically if anything, the project will not be allowed to fail. It seems as though they just skipped the language discrimination argument as “the language is not decided yet”. Or did I read it wrongly?

If so, it seems the decision is only postponed to after the unified patent becomes alive.

However, the postponing is as effective as killing any possible future discussion as it is easy to see that, by then, it will be too late and politically if anything, the project will not be allowed to fail.

]]> By: zoobab http://blog.ksnh.eu/en/2012/12/11/attorney-general-mr-bot-cjeu-should-not-kill-enhanced-co-opertation-for-unitary-patent/#comment-1812 zoobab Tue, 11 Dec 2012 10:00:28 +0000 http://blog.ksnh.eu/en/?p=3614#comment-1812 "the language arrangements for the unitary patent will, in accordance with the second paragraph of Article 118 TFEU, have to be determined by the unanimous vote of the participating Member States. " So if Spain joins the Enhanced Cooperation, they can request Spanish with a unanimous vote? “the language arrangements for the unitary patent will, in accordance with the second paragraph of Article 118 TFEU, have to be determined by the unanimous vote of the participating Member States. ”

So if Spain joins the Enhanced Cooperation, they can request Spanish with a unanimous vote?

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