"Unitary patent" and court system - A poisoned gift for SMEs

03-05-2016 Print this page
B914419

Ingve Stjerna (Rechtsanwalt, Düsseldorf), "Unitary patent" and court system - New problems ahead?

"On 16 February 2016, the German Ministry of Justice and Consumer Protection presented two pieces of draft legislation for the ratification of the international Agreement on the Unified Patent Court. After the fees for the “unitary patent” have been fixed and a proposal for the court fees and the limits of reimbursable repre-sentation costs at the Unified Patent Court has been provided, the political promise that the new system would support small and medium-sized enterprises (SMEs) can be judged against the realities. It does not come as a surprise that it is not being fulfilled. Most recently, even the European Commission declared that cost risk would be so significant that SMEs required an insurance to cover it, while admitting at the same time that currently no such insurance is available. An over-view on desire and reality as to the costs of the “unitary patent” and the Unified Patent Court."

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