Ingve Stjerna (Rechtsanwalt, Düsseldorf), „Unitary patent“ and court system – Prof. Tilmann, the old Roman god Janus and the requirements of Article 118(1) TFEU
"In the introduction of the honorary publication (“Festschrift”) on the occasion of his 65th birthday in 2003, Prof. Tilmann is said to be an “influential legal policymaker”. As such, he has been campaigning for the “unitary patent” project from the outset, with an unusual intensity and an unwavering affection, he is one of its figureheads. Often assuming the position of a supposedly neutral observer, he praised the “patent package” in numerous presentations, statements and articles through all stages of the legislative proceedings, defending it against any criticism and rejecting doubts mostly as unjustified and exaggerated. As a member of the Drafting Committee, he is playing a major role in the creation of the Rules of Procedure for the Patent Court.
His commitment is continuing also in the current implementation phase. Most recently, Prof. Tilmann was increasing his efforts to persuade entitled persons not to make use of their right to opt-out of the jurisdiction of the Unified Patent Court, warning against the alleged dangers of such opt-out in his article „The Transitional Period of the Agreement on a Unified Patent Court“ which was published in Germany (Mitt 2014, 58 ff.) and the United Kingdom (JIPLP, online publication on 25 April 2014). With similar dedication, he committed himself to defending the “unitary patent” Regulations against the respective actions pending at the European Court of Justice (CJEU) at the beginning of this year. These latter activities shall be given a more detailed consideration hereinafter."
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