23 mars 2011

ECJ prohibits the European and Community Patent Court with its opinion 1/09

ECJ prohibits the European and Community Patent Court with its opinion 1/09 -- it claims to protect the powers of national courts to consider patent cases, and acts in the name of individual rights that mught be violated by the Patent Court. Judicial sovereignity.

38 States among which we find all the EU Member States intended to establish a common Patent Court. 7 EU Member States were against, and 14 were in support of this idea. The EU Council submits this initiative for an opinion of the European Court of Justice.

It goes without saying that the very submission is already the abortion of the Patent Court. It is a termination of pregnancy. Previously, certain EU Member States had already tried to subject the decisions of the European Court of Justice to the authority of the European Court of Human Rights, and the ECJ vetoed those initiatives. The ECJ also vetoed the idea of Ireland to submit certain parts of the European maritime law to a higher International Tribunal. This time once again someone comes with a proposal to establish a Court higher than the European Court of Justice, and asks the permission of the same European Court of Justice.

However, of course, the 21 judges of the ECJ don’t say directly that the Patent Court is an attempt to reduce their powers, and therefore it shall not exist. The ECJ declares that it acts in the name of the national courts in order to maintain their power to consider patent cases, and in the name of individual rights, since if the Patent Court violated them, the ECJ would not have the power to defend the people.

What ever happens with the death of the unborn Patent Court, in a general perspective this prohibition promotes the imposition of the EU patent standards on other countries.

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