EU - Spain and Itay's challenge to unitary patent rejected

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On 16 Apr 2013, the Court of Justice of the European Union (CJEU) rejected challenges by Spain and Italy to the legislative process used to establish the unitary patent framework. 

Spain and Italy had attempted to block the creating of the unitary patent agreement, both by non-participation and legal challenge to the process used (typically EU law requires all member states to agree to legislation).  The argued among other things that the unitary patent agreement would undermine the internal market and that it would create a barrier to trade and distort competition to the detriment of businesses in their countries. 

Rejecting their challenges, the CJEU said that it cannot validly be maintained that the unitary patent agreement would damage the internal market or the economic, social and territorial cohesion of the Union. 

While there is significant political pressure to conclude the unitary patent agreement and the EU is unlikely to allow the process to be blocked, this is not the end of the line for the challenges. Two further actions for annulment have been lodged by Spain before the CJEU.

Jonathan is a British and European Patent Attorney. He studied Cybernetics with Computer Science at Reading University. He is also a Chartered IT Professional and is a member of the BCS, the Chartered Institute for IT. He is active in promoting IP awareness in IT companies and spends much of his time dealing with both IP for IT and technical IT issues.