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ARTICLE · 17 JUNE 2015

ECJ Rejects Challenge Against Unitary Patent Package

Van Bael & Bellis
Van Bael & Bellis
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Van Bael & Bellis

Van Bael & Bellis

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On 5 May 2015, the Court of Justice of the European Union ("ECJ") handed down its judgments on Spain's challenges of the legality of the "unitary patent package".

European UnionIntellectual Property
Peter L'Ecluse
Peter L'Ecluse
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On 5 May 2015, the Court of Justice of the European Union ("ECJ") handed down its judgments on Spain's challenges of the legality of the "unitary patent package" (Cases C-146/13 and C-147/13). In its judgments, the ECJ followed the opinions of the Advocate-General (the "AG") and rejected all the arguments advanced by the Spanish government against the unitary patent (See, this Newsletter, Volume 2014, No. 11, p. 15).

Validity of Regulation No 1257/2012

In the first case, Spain challenged the validity of Regulation (EU) No 1257/2012 of the European Parliament and of the Council of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection ("Regulation 1257/2012"). To support its action, Spain relied on seven pleas in law, four of which are summarised below.

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