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VIENOTA SPĒKA EIROPAS PATENTS. (Latvian)
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- Author(s): Rozenfelds, Jānis
- Source:
Effectiveness of Law in Post-modern Society. Papers of the 73rd Scientific Conference of the University of Latvia, Riga; 2015, p468-475, 8p
- Subject Terms:
- Additional Information
- Alternate Title:
THE EUROPEAN UNITARY PATENT. (English)
- Subject Terms:
- Abstract:
The idea of a “unitary patent” that would be effective within the whole EU may be carried out through the system provided by a unitary court protection. The Court of Justice of the European Union is not suitable for this purpose. The idea of the European “unitary patent” faces a dilemma. On the one hand, different courts and institutions engaged with validity of a patent come to principally similar or identical answers regarding the same statements of questions. On the other hand, it is exactly how the institutional independence of judges is manifested in the Constitution of the Republic of Latvia. By withdrawing this prerogative from national courts, a part of sovereignty is inevitably lost. It is also noteworthy that in Latvia, where issues related to justice administration usually take up an import role, there has been no resonance regarding the establishment process of the European “unitary patent” up to now. [ABSTRACT FROM AUTHOR]
- Abstract:
Copyright of Effectiveness of Law in Post-modern Society. Papers of the 73rd Scientific Conference of the University of Latvia, Riga is the property of University of Latvia, Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
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