MAY 05, 2015 | CJEU DISMISSES SPAIN’S CHALLENGE OF THE UNITARY PATENT PACKAGE

By decision of May 05, 2015, the European Court of Justice (CJEU) has rejected the Spanish complaints against the Unitary Patent Package.

Spain’s challenge was directed against two acts implementing enhanced cooperation in the area of the creation of European Unitary Patent, namely against the Regulation regarding the establishment of unitary patent protection (No. 1257/2012) as well as against the Regulation regarding the applicable translation arrangements (No. 1260/2012). Together with the Agreement on a Unified Patent Court, these Regulations form the so-called Unitary Patent Package.

By means of said decision, one of the last remaining obstacles for the creation of the Unified Patent Court and the Unitary Patent has been removed. The Package may come into force after ratification by at least thirteen Member States, including, France, Germany and the United Kingdom. Currently it has been ratified by six of the Member States.