Brevetul european cu efect unitar
The European Patent with Unitary Effect

Summary/Abstract: The need for international protection of invention is justified on the one hand by the enforcement of exclusive right to exploit, quite vulnerable especially after the publication of the patent, and on the other hand by territory limits conferred through the patent. Currently the headquarters matter regarding international patent protection is provided by the Paris Convention, the Patent Cooperation Treaty (PCT), Munich Convention and the TRIPS Agreement. Indirect protection in the European Union countries is provided by the Munich Convention as a result of the fact that EU countries have acceded to it. However due to quite cumbersome and costly procedure governed by the Convention, it necessarily requires the establishment of a legal framework at EU level aimed at simplifying unitary European patent. Thus, the European Union adopted Regulation (EU) nr.1257/2012 of the European Parliament and of the Council from17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection, Regulation (EU) No. 1260/2012 of the Council from 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation and signed during the EU Council meeting in Brussels (18-19 February 2013) by 26 states, the Agreement on the European Patent Court with Unique Protection (UPC). After the most optimistic forecasts, these regulations will apply from 1st January 2015. Condition is that the agreement will be ratified by this date and by at least 13 signatory countries, including France, Germany and Britain.

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