The European Patent Litigation Agreement - Admissibility and future of a dispute resolution for Europe

In the field of technical property rights, i.e. patents and utility models, there is currently in Europe no comprehensive legislation that has been created by the institutions of the European Community.(1) Unlike the regulations in the field of trade marks, registered designs and plant variety rights, it has to date not been possible to achieve agreement on the adoption of a Community Patent Regulation.(2) The negotiations have been at a standstill for some time. In the light of the importance of intellectual property rights, the Commission is admittedly currently attempting a new approach to implement the Community Patent Regulation.(3) However, in the light of its rejection primarily by the potential users,(4) its prospects of success appear doubtful, in any event as long as the draft Regulation remains in its present version.