久久久无码人妻精品无码_6080YYY午夜理论片中无码_性无码专区_无码人妻品一区二区三区精99

   
 
The relevance for Chinese enterprises of the new “European Patent Package”—interview with professor Manuel Desantes, former vice-president of EPO
By Emily Tan (By Emily Tan, China IP)
Updated: 2013-07-16

The relevance for Chinese enterprises of the new “European Patent Package”—interview with professor Manuel Desantes, former vice-president of EPO

On February 19th 2013, 24 European Union (EU) states reached an agreement on a Uniform Patent Court (UPC), which is considered as a big step forward towards the final goal of reaching a European patent package which the parties have been negotiating over the past 50 years. The package, which is comprised of European patent with unitary effect and a UPC, cannot go into force until thirteen EU member states (including the UK, France and Germany) have ratified the treaty, and in any event no earlier than January1st 2014.

Currently, there are two ways of obtaining patent protection in Europe: firstly by applying for a national patent in an individual EU country; secondly by applying for a European patent at the European Patent Office (EPO) under the European Patent Convention (EPC). However, the package will provide the third approach for protection, which will bring big changes to European patent protection and enforcement once it goes into effect.

Professor Manuel Desantes (Desantes), former Vice-President of the EPO, has been involved in the long process of reaching the unitary patent package for many years. Given the EPO’s central role in promoting the European patent package and Mr. Desantes’ role and professional reputation within the EPO, China IP interviewed Professor Desantes, invited him to give readers a comprehensive and authoritative interpretation of the package as well as some practical suggestions to Chinese enterprises in coping with the new changes.

China IP: Professor Desantes, how can you summarize in some lines for our readers the relevance of the “European patent package?”

Professor Desantes: This agreement is a landmark in the history of the European construction. After more than 50 years of negotiations, most of the member states of the EU have agreed to two main things. The first is to attribute unitary effects if the holder of the patent so wishes. The second is to create a new Court, the UPC, and to empower it with exclusive jurisdiction for all actions regarding the validity and the infringement of all European patents, regardless of whether they are European patents with unitary effect or classic European patents validated in some or in all the member states.

China IP: Could you explain the meaning of a “European patent with unitary effect?”

Professor Desantes: Yes, of course. As you probably know, presently there is no European patent with unitary effect (UE patent or Unitary patent). When the EPO grants a European patent, it has to be validated in each EPO member state. But currently the legal protections of the same European patent differ in each member state, as determined by national law. After more than 50 years of discussion, most EU member states concluded that it was not possible to reach a unanimous agreement on a linguistic regime for the UE patent. In November 2010, all members except Spain and Italy asked the Council for authorisation to establish a Unitary patent through the “Enhanced cooperation procedure,” a very special procedure introduced in the Treaties twenty years ago and which had been used only once since that time. The language regime proposed was the same as the one established in 1973 in the EPC for the granting of European patents: English, German and French. The Council authorised the Enhanced Cooperation in March 2011, and in December 2012 adopted Regulation 1257/2012 and Regulation 1260/2012. The first one established that in the territory of the Member States participating in the Enhanced Cooperation the European patents would have unitary effect, that is to say, the same effects attributed by the same national law, at the request of the holder of the patent. This means that the holder of the patent can always decide to continue using the present system and validating the European patents as usual. The second Regulation established the linguistic regime for the European patents with unitary effect.

China IP: Why do you advise us to talk about the “European patent with unitary effect” and not about the “Unitary Patent?”

Professor Desantes: Because a Unitary patent is an EU title which can only be created with the participation of all the Member States of the EU. This was the case, for instance, with the Community trademark or the Community Design, which are granted by the Office for the Harmonisation of the Internal Market (OHIM) in Alicante (Spain). But in the case of the Unitary patent not all the Member States agreed, so instead of creating a Unitary patent they attributed unitary effects to a classic European patent granted by the EPO, which is, as you can imagine, completely different as creating a single title.

China IP: What are the main advantages and disadvantages of the new system?

Professor Desantes: It is easy to perceive that the advantages are many. First, it is not necessary to validate in each of the different Member States, but just to ask the EPO for the registration of the unitary effect of the European patent. In just one shot patent protection is assured in 25 EU Member States. Second, the rights and limitations attributed to the European patent are the same in all these territories. Third, it is not necessary to renew the patent every year in each Member State, but just with the EPO. Fourth, most of the translations are avoided. Finally, this means that it will not be necessary to have representatives in each Member State but only one before the EPO. Of course, there are also possible disadvantages. For instance, there is no way to abandon the patent in one territory and keep it for the rest, as it is all or nothing. The same applies to limitations, possible declaration of nullity, etc. And it is also true that actual costs are not known yet, as registration and renewal fees have to be fixed by the participating Member States.

China IP: You stated that together with the “unitary effect” of the European patents the EU Member States have created a UPC. What are the main characteristics of this Court?

Professor Desantes: This new UPC is a very unique experience in International Law. The Court is both international and national. It is international because it has been created by an international agreement. It is composed of judges appointed by an international body, having an international status, applying Rules of Procedure which have been internationally agreed upon and many times court will be held in a place other than the territory of their nationality. But, at the same time, the Court belongs to the different national jurisdictions. Consequently, for instance, a judgment rendered in German language by the Central Division of the UPC sitting in London where the Court is composed by a Slovakian and a Swedish lawyer and a Portuguese engineer, and where the parties are Chinese and US companies will be considered in each nation as effective as if it were, for example, a French, Danish, Greek or any other EU member judgment.

China IP: Do you think that the system will be cheaper and more reliable than the present one?

Professor Desantes: We have to understand that patent litigation in Europe is still a nightmare today. Once a European patent is granted, it can be subject to opposition and appeal at the EPO. Courts of the Member States of the European Patent Organisation where the European patent has been validated can also judge upon the validity of the patent, but limited to its territory. Again, it is very difficult to fight against infringements if not going State by State. All this will disappear with the new system. Infringements or nullity of the patent will be declared by a single Court for the whole territory of the Contracting Member States. What is to be seen is whether this new system will be cheaper and reliable. We will have to follow the development of the UPC very attentively.

China IP: When is this UPC going to open its doors?

Professor Desantes: The UPC Agreement was signed on February 19th, 2013 by all EU Member States except Spain and Poland. It will enter into force as soon as it is ratified by thirteen Member States of the EU, with Germany, France and the United Kingdom being mandatory signatories. At the same time, the two abovementioned Regulations will be applicable. It is expected that this will happen sometime in 2014.

China IP: Is there any transitional period envisaged for the UPC?

Professor Desantes: Yes, and it is a very relevant one. During the first seven years after the entry into force of the new system, the UPC will not have exclusive competence, as the ordinary national courts will continue dealing with cases related to infringement and validity of European patents. Plaintiffs will therefore be able to introduce their requests either with the UPC or with the national courts. These seven years can be supplemented with another seven if Member States conclude that the experience of the UPC is not sufficient after the first transitional period.

China IP: And why it is the “opt out” offered to patent holders so important for Chinese enterprises?

Professor Desantes: The “opt out” clause is key in the short run. It will force all Chinese enterprises having a European patent to decide, right after the entry into force of the Agreement, whether they want or not to be bound by the UPC. If they do not exercise the “opt out” right during the transitional period and the patent is questioned before the UPC, they will not be able to opt out at a later stage. The advantage of the “opt out” is double: first, it will cover the patent during its whole life, even after the transitional period; second, it is always possible to reverse it through a subsequent “opt in” if we are interested in the application of the new system.

China IP: Do you have any advice for Chinese enterprises and Chinese IP firms?

Professor Desantes: Definitely. They should be very attentive to what is happening in Europe these upcoming months. Europe is a very relevant market for Chinese enterprises and IP assets are more and more important when designing short and long-term strategies. Chinese IP firms should try to be very aware of the particularities of the new European system in order to be able to properly advise their clients. In this regard, European IP firms established in China could be of great support.

China IP: During the last 15 years you have played and are still playing a key role in developing friendship and cooperation not only between SIPO and the EPO but also between China and Europe, and we greatly appreciate your contribution to the development of IP system in China. Could you summarize this process and let us know what China means for you?

Professor Desantes: I had the immense fortune to be directly involved in the change of paradigm, which moved EPO-SIPO relations from an assistance framework to an equal cooperation one. For many years, EPO supported the development of SIPO. But around 10 years ago we realized that the child had become an adult, and was going to be much bigger than the old brother. Then we decided that our relations had to be much more mature, much more win-win and on a completely equal basis. The contributions of my friends Mr. Tian Lipu and Dr. Li Yuguang were decisive to move in this direction. SIPO’s and EPO’s joint attitude was also key to convince the other three big offices, USPTO, JPO and KIPO, to create the IP5 and to strengthen cooperation between patent offices as one of the main leading tools for the improvement of the patent system all over the world. This pioneer process gave me the opportunity not only to visit China many times but to learn how to understand your culture much better, and, over all, your people. I feel completely at home in China and do hope life will give me many more opportunities to continue learning from this relationship in the years to come.

China IP: Professor Desantes, we all know that you hold several different positions and are very familiar to all those interested in the IP field. You are the Founder and Director of the IP Program at the University of Alicante (Spain) (1994-1998); were responsible for IP matters at the Legal Service of the European Commission (1998- 2000); served as the Vice-President of the EPO (2001-2008); and in 2010 you joined the ELZABURU IP firm. How did you feel during the change of so many roles?

Professor Desantes: I felt very excited. I have had the opportunity to approach IP from 4 different perspectives. I am a professor in IP who can approach IP from the academic perspective. I worked for the legal service with the European Commission where I was a drafter and then a legislator. I worked on legislation and worked with European Court of Justice, which is another way to approach IP. Finally, I had the honor of serving EPO for 8 years. I have seen the every piece of machinery in the robot IP at work, both in practice and from the administration perspective. I neither drafted the law nor criticized the law from an academic perspective. I had to remain very impartial since I was part of the big administration. Now I am a practical user of IP and can help guide enterprises. I feel very fortunate to have had the opportunity to see IP from all of these perspectives.

 

 

 



The J-Innovation

Steve Jobs died the month that the latest Nobel Prize winners were announced. The coincidence lends itself to speculation about inevitability.

Recommendation of Global IP Service Agencies with Chinese Business

Washable keyboard

The future of China & WTO

JETRO: A decade of development in China

久久久无码人妻精品无码_6080YYY午夜理论片中无码_性无码专区_无码人妻品一区二区三区精99

    黄色激情在线视频| 17c国产在线| 亚洲欧美日本一区二区| 91免费黄视频| 国产精欧美一区二区三区白种人| 欧美一级欧美一级| 国产成人美女视频| 无码aⅴ精品一区二区三区浪潮| 在线a免费观看| 久久精品午夜福利| 黄色三级中文字幕| 日本精品一区在线| 亚洲高清在线免费观看| 黄色成人在线看| 国产成年人在线观看| 少妇性l交大片| 久操网在线观看| 精品一区二区成人免费视频| 午夜欧美福利视频| 欧美视频免费看欧美视频| 中文字幕第22页| 色哟哟精品视频| 免费看的黄色大片| 4444亚洲人成无码网在线观看| 91小视频在线播放| 国产偷人视频免费| 精品视频免费在线播放| 女女百合国产免费网站| 欧美性受xxxx黒人xyx性爽| 能看的毛片网站| 波多野结衣乳巨码无在线| 黑人巨茎大战欧美白妇| 做爰高潮hd色即是空| 五月天视频在线观看| 男人搞女人网站| 国产精品无码一本二本三本色| 日本国产在线播放| 欧美,日韩,国产在线| 成人在线观看毛片| 最新中文字幕久久| 奇米777在线| 中文字幕在线视频一区二区三区| 国产wwwxx| 亚洲一区二区蜜桃| 超碰在线97免费| 黄色手机在线视频| 国产一级做a爰片久久| av免费网站观看| 国产真人无码作爱视频免费| 欧美两根一起进3p做受视频| 97超碰青青草| 可以免费观看av毛片| 成人免费无码av| av网站在线不卡| 国产原创精品在线| 日韩欧美理论片| 自拍偷拍视频在线| 中国老女人av| 欧美激情亚洲天堂| 91成人综合网| 国产精品沙发午睡系列| www国产黄色| 99热手机在线| 日本黄大片一区二区三区| 特黄视频免费观看| 强伦女教师2:伦理在线观看| 国产免费一区二区三区四在线播放| 久久精品亚洲天堂| 男女裸体影院高潮| 日本欧美视频在线观看| 欧美国产亚洲一区| 亚州精品一二三区| 99999精品| 久久这里只有精品8| 日本十八禁视频无遮挡| 久久久久久久久久久福利| 国产v亚洲v天堂无码久久久| av免费一区二区| 国产在线拍揄自揄拍无码| 91午夜在线观看| 久久久久久久久久久福利| 免费看涩涩视频| 亚洲av综合色区| 国产成人无码a区在线观看视频| 国产视频一区二区视频| 日韩av一卡二卡三卡| 玖玖精品在线视频| 男女视频网站在线观看| 国产成人无码av在线播放dvd| 男生操女生视频在线观看| 91看片淫黄大片91| 国产一区亚洲二区三区| 亚洲精品中文字幕乱码无线| 欧美成人精品免费| 麻豆一区二区三区视频| 日韩精品福利片午夜免费观看| 欧美三级一级片| 天堂av.com| 欧美日韩二三区| 看看黄色一级片| 91专区在线观看| 玖玖爱视频在线| 亚洲中文字幕无码av永久| 污污网站免费看| 东北少妇不带套对白| 男女视频在线看| 国产欧美日韩网站| 91视频这里只有精品| 欧美一级视频免费看| 182午夜视频| 国产欧美高清在线| xxxxxx在线观看| av视屏在线播放| 日本五级黄色片| 久久成年人网站| 黑鬼大战白妞高潮喷白浆| 2021国产视频| 亚洲欧美国产中文| 每日在线更新av| 日韩a级黄色片| www.亚洲高清| 日韩欧美亚洲天堂| 热久久最新网址| 免费网站在线观看黄| 欧美视频免费播放| 中文字幕无码精品亚洲资源网久久| 日韩在线一区视频| 手机看片福利日韩| 国产91在线免费| 精品国产一区二区三区无码| 亚洲一区二区偷拍| 亚洲综合欧美在线| 无码人妻丰满熟妇区毛片| 黄色一级片在线看| 69精品丰满人妻无码视频a片| 国产精品入口免费软件| 少妇av一区二区三区无码| av久久久久久| 日本成人xxx| 视频免费1区二区三区| 精品久久久久久中文字幕2017| 久草热视频在线观看| 中国老女人av| 国产四区在线观看| 四虎成人在线播放| 超碰成人在线播放| 亚洲综合欧美激情| 牛夜精品久久久久久久| 日韩一级片播放| www黄色日本| 男人添女人下面高潮视频| 国产一二三四区在线观看| 欧美 另类 交| 91香蕉视频免费看| 手机av在线网站| 日本一二三区在线| 国产高清免费在线| 亚洲妇熟xx妇色黄蜜桃| 九九久久久久久| 永久av免费在线观看| 婷婷激情5月天| 一级 黄 色 片一| 色中文字幕在线观看| 9l视频自拍9l视频自拍| 青青草影院在线观看| 中文字幕免费高| 2021国产视频| 99热久久这里只有精品| 777av视频| 免费观看精品视频| 99精品视频播放| 最新中文字幕免费视频| 一个色综合久久| 波多野结衣激情| 日本大胆人体视频| 黄色成人在线看| 成年网站在线免费观看| 国产 porn| 超碰91在线播放| 激情六月天婷婷| 国产精品久久中文字幕| 国产精品少妇在线视频| 99热一区二区| 欧美大片免费播放| 男人用嘴添女人下身免费视频| 国产精品少妇在线视频| gai在线观看免费高清| 美国av在线播放| 你懂的av在线| 激情五月俺来也| 99re6这里有精品热视频| 日韩av综合在线观看| 超碰网在线观看| 拔插拔插华人永久免费| 超薄肉色丝袜足j调教99| 日本福利视频在线| 不卡中文字幕在线观看| 影音先锋成人资源网站| 免费毛片小视频| 超碰在线免费av|