Środki przeciwdziałania nadużyciu idei ochrony patentowej przez tak zwanych trolli patentowych w prawie unijnym
Protection measures against the abuse of the idea of patent protection by the so-called patent trolls in EU law

Summary/Abstract: The phenomenon of patent trolling is a distortion of the idea underlying patent protection. The effects of the so-called patent trolls are, inter alia, the inhibition of technological development, limiting innovation and technology transfer, and restricting access to these technologies for consumers on the market. Negative effects also manifest themselves in showing deficiencies in the patent protection system, lack of trust in this system and reduction of investments in the field of research & development. All these effects are the negation of what was the foundation of the introduction of patent protection. The aim of the author is to analyze the existing regulations of European Union law in terms of possible protection measures against the so-called patent trolls. In particular, the provisions of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights will be discussed. The possibilities of counteracting the phenomenon of patent trolling in court proceedings before the Unified Patent Court provided for in the Agreement on the Unified Patent Court (2013/C 175/01), being part of the so-called the system of the European Unitary Patent. In addition to the analysis of regulations, the judgments of the European courts regarding this issue will also be presented. The analysis of EU regulations and jurisprudence is supposed to be an attempt to answer the question whether current regulations are sufficient for the threat of patent trolling in Europe.

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