THE EUROPEAN UNION COURT OF JUSTICE DISMISSES THE APPEAL FILED BY SPAIN AND ITALY AGAINST THE DECISION TO AUTHORIZE AN ENHANCED COOPERATION ESTABLISHING A UNITARY PATENT.
On April 16, 2013 the Court of Justice of the European Union has decided the dismissal of the appeals filed by Spain and Italy against the decision of the Council of the European Union authorizing an enhanced cooperation in the area of the creation of a unitary patent protection in the European Union.
The decision dismisses among others, the argument that patents are subject-matter excluded from the scope of enhanced cooperation because being of the exclusive competence of the European Union. In this connection, the Court points out that patents do not constitute rules of competition, this being in contradiction with the general doctrine in this field and with what is being indicated in the decision authorising enhanced cooperation, particularly when the latter I refers to the fact that the creation of a unitary patent protection would ensure the possibility for undertakings, throughout the Union to improve their competitiveness by having the choice of seeking uniform patent protection. Obviously, patents grant exclusive rights that impact on competitors by excluding them for exploiting the subject-matter of the patent.
As it is known, Spain has filed an appeal against the Regulations on the unitary patent that will have to be decided by the European Court of Justice.
