Re: Good idea, poor implementation?
Surely if a participating non-member state accepts that, upon joining, patent jurisdiction is pooled in the new court that should settle it? Is there a legal obstruction at EU level to allowing non-member states in?
I guess that'd be UK & Germany. And perhaps some other countries, ie all global patent disputes should be settled in Texas. I'm guessing there's a combination of political and financial wrangling, ie who pays for the EPC, outside of fees charged for cases heard there. But from reading the article, whether EU members are happy with the idea of handing judicial sovereignty to the EPC, even though it's the logical venue to settle any EPO patent disputes.
As a lay reader, seems like Germany's objection would be the validity of any judgement by the EPC against German entities. Same I guess with the UK, ie I have an EU patent, the EPC rules a UK company has infringed, but that ruling wouldn't be enforceable in the UK because we're not playing nicely with others at the moment. Or we're trying to keep them at a safe distance, for health reasons.
Biting the hand that feeds IT
