TY - UNPB
T1 - Decision-making in the Unified Patent Court: Ensuring a balanced approach
AU - Schovsbo, Jens Hemmingsen
AU - Petersen, Clement Salung
N1 - Otaget til udgivelse i Christophe Geiger, Craig Nard and Xavier Seuba (eds.), Intellectual Property and the Judiciary, EIPIN Series, Cheltenham, UK / Northampton, MA, Edward Elgar, 2016 (forthcoming).
PY - 2016
Y1 - 2016
N2 - The Unified Patent Court (UPC) will become a central player in the future development of European patent law. For this reason it becomes important to ensure that UPC‘s decision-making reflects the double-function of the Court as an adjudicator of individual disputes and a policy maker. Because of its institutional design, the UPC will be biased towards technology based values. Therefore, there is a risk that non-technical values and interests will be either overlooked or underdeveloped in UPC decision-making which is likely to jeopardize public trust and legitimacy of its decisions. This paper analyses how these blind spots can be covered in patent litigation before the UPC within the current legislative framework. The paper focuses on the role of UPC judges as case-managers and decision-makers, on the potential role of third party interveners, and addresses the key role of the parties in establishing the basis for UPC decisions.
AB - The Unified Patent Court (UPC) will become a central player in the future development of European patent law. For this reason it becomes important to ensure that UPC‘s decision-making reflects the double-function of the Court as an adjudicator of individual disputes and a policy maker. Because of its institutional design, the UPC will be biased towards technology based values. Therefore, there is a risk that non-technical values and interests will be either overlooked or underdeveloped in UPC decision-making which is likely to jeopardize public trust and legitimacy of its decisions. This paper analyses how these blind spots can be covered in patent litigation before the UPC within the current legislative framework. The paper focuses on the role of UPC judges as case-managers and decision-makers, on the potential role of third party interveners, and addresses the key role of the parties in establishing the basis for UPC decisions.
UR - http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2799132
M3 - Working paper
BT - Decision-making in the Unified Patent Court: Ensuring a balanced approach
ER -