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The Unitary Patent Package: Twelve Reasons for Concern

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Hilty,  Reto M.
MPI for Intellectual Property and Competition Law, Max Planck Society;

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Jaeger,  Thomas
MPI for Intellectual Property and Competition Law, Max Planck Society;

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Lamping,  Matthias
MPI for Intellectual Property and Competition Law, Max Planck Society;

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Ullrich,  Hanns
MPI for Intellectual Property and Competition Law, Max Planck Society;

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Citation

Hilty, R. M., Jaeger, T., Lamping, M., & Ullrich, H. (2012). The Unitary Patent Package: Twelve Reasons for Concern.


Cite as: https://hdl.handle.net/11858/00-001M-0000-000E-7EF8-5
Abstract
A balanced, innovation-friendly and uniform patent system is indispensable for Europe. However, the latest EU proposal for a patent package (Patent Regulation and flanking court system) is both dangerous and misguided. While a superficial glance may create the false impression of a patent law advancement through the proposal, it instead actually threatens to forestall the necessary legal progress and innovation capacities for the foreseeable future. It might prove disastrous to implement a patent system which is already known to be detrimental from both the legal as well as the innovation perspectives. This paper provides a short introduction to the major reasons for concern regarding the current proposals and explains why it is imperative to reconsider the proposals entirely afresh.