INTELLECTUAL PROPERTY : EU OFFICIALLY PAVES WAY TO UNITARY PATENT.

After nearly 40 years of countless twists, turns and deadlocks, especially on translation rules, the European Union has succeeded in setting up a new patent protection based on a uniform application and validity procedure and a single court system. After the European Parliament's 11 December 2012 approval of a final compromise proposed by the Cyprus Presidency, validated the day before by the ministers meeting in the Competitiveness Council, the Council's position was formally endorsed, on 17 December, without debate.

The unitary patent legislative package is made up of three parts: a draft regulation (subject to co-decision by Council and Parliament) setting up the unitary patent, another establishing translation arrangements and a draft intergovernmental agreement setting up the court system. The two regulations will be applied under enhanced cooperation by 25 member states. Italy and Spain decided not to participate due to the translation...