[Innovation / Patent  / Democracy / European Union]

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Henrion on UPLS: "Patent law should not develop in a legal vacuum"
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The  FFII Litigation Working Group presents six reasons explaining the
shortcomings of a United Patent  Litigation System (UPLS) without checks
and balances for Europe.

The European Council of Ministers has submitted last June a draft UPLS
treaty to the European  Court of Justice for an opinion on its
compatibility with EU law. The draft UPLS  mentions that the exclusivity
to interpret substantive patent law rests exclusively within the hands of
specialised patent tribunals, without safeguards for judicial oversight.

Benjamin Henrion, President of the FFII: "The Council of Ministers is
creating a patent court outside of the control of the European Parliament,
outside of the control of  the  European  Court of Justice, outside of the
 control of any national Supreme Court. Patent law should not develop in a
legal vacuum."

The six reasons explain why a United Patent Litigation System (UPLS)  is
not acceptable in its current form according to the FFII, among them
democratic control and litigation costs.

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Links
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* FFII six reasons
http://epla.ffii.org/sixreasons-upls

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 Contact
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FFII e.V. Office
Malmöer Str. 6
10439 Berlin
Germany
+49-721-509663769  (Fax office service)
+32-484-56 61 09 (phone)
office at ffii.org

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About  FFII
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The FFII is a not-for-profit association registered in twenty European
countries, dedicated to the development of information goods   for the
public benefit, based on copyright, free competition, open   standards.
More than 850 members, 3,500 companies and 100,000  supporters  have
entrusted the FFII to act as their voice in public  policy  questions
concerning exclusion rights (intellectual property) in data processing.


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