KRATOCHVÍL, Josef; JAKL, Ladislav. Evropský patent s jednotným účinkem a jednotný patentový soud

1st ed. Prague: Metropolitan University Prague Press and Wolters Kluwer, 2016. ISBN 978-80-87956-34-2

This publication deals with actual issues of development and constituting of the European patent with unitary effect, the Unified Patent Court and legal and economic aspects and implications of their introduction in the European Union and its member states. The publication describes processes that were and still are on the EU level as well as on the level of individual member states, in particular the Czech Republic. In detail it observes and analyses previous developments in the area of protection of technical solutions, patent protection in individual systems, primarily in the international system under the Patent Cooperation Treaty and the European regional system under the European Patent Convention. It follows from theoretical and historical grounds of the topic under review in the concrete economic and legal context.

The most important part of the publication deals with development of negotiations and legal basis of the Community patent, or more precisely of the European patent with unitary effect. Significant part of the dissertation concerns the establishment of the Unified Patent Court, its proposed structure, composition of the court and economic matters, court fees in particular. Neither is there omitted issue of conformity of the European legislation in question with constitutions of some member states.

In the publication there are carried out analyses and conclusions of concrete discussions, opinions and studies elaborated regarding the same topic in some member states including the Czech Republic.

Conclusions of the publication and created theoretical outputs may help especially politicians when deciding on this matter, as well as the professional public and managers when deciding on innovative strategies and protection and enforcement of their industrial property rights.