Prof. Dr. Mary-Rose McGuire from Mannheim University and Director of the Mannheim IP-Centre took a look at some substantive legal issues of the European unitary patent, especially compared with the actual European community patent. Notably the problems of the protection, applicable law and contracts regarding a patent, for example license agreements, should be reconsidered. This is eminent regarding Art. 3 of the actual draft saying that a European patent with unitary effect may only be limited, licensed, transferred, revoked or lapse in respect of all the participating member states.
Finally Dr. Udo Meyer, Senior Vice President Global IP of BASF SE, presented the economical aspects. From the point of view of a very innovative company it is all a question of quality and cost. With the actual European community patent system Dr. Meyer is quite satisfied regarding the quality but not regarding cost. Will the cost problem change with the new European unitary patent? Dr. Meyer is sceptical because the 27 national patent offices are eager to receive their share of the fees. As there will be a competition between the EU-Patent and the “old” European patent the cost will be decisive. Regarding a new patent court he is concerned that the strengths of the current system, such as experienced patent courts, in some countries cannot be transferred into a new system.
With a case study on the topic of infringement and damages, prepared and presented by Ingrid Stahl of Rowedder Zimmermann Hass, sessions closed and the participants enjoyed afterwards a wine tasting and dinner in the Palatinate region. The conference ended on Sunday with a visit of the Mannheim "Technoseum".
For more information about the TAGLaw IP/IT Specialty Group contact Ken Mayers at kmayers@taglaw.com.
