[nexa] EU Software Patent Court stopped by Constitutional Court, patent industry will try again | FFII Blog
lorenzoalbertini.vr at gmail.com
Tue Mar 24 11:53:50 CET 2020
La sentenza tedesca è importante.
Sapete se ne esiste già una traduzione inglese?
Il giorno mar 24 mar 2020 alle ore 10:53 Guido Noto La Diega <
noto.la.diega at gmail.com> ha scritto:
> Passaggi chiave della sentenza:
> 1. The Agreement on a Unified Patent Court (UPC) has been ratified by
> means of the Act of Approval. This was passed using the ordinary
> legislative procedure (majority of 50%+1)
> 2. The UPC Agreement conferred judicial functions to a supranational court
> and set out that this court would have had exclusive competence to decide
> on certain legal disputes.
> 3. An act that ratifies an international treaty that is closely tied to
> the EU´s integration agenda must comply with Article 23(1) of the
> Constitution, which regulates the transfer of sovereign powers to the EU
> 4. The UPC would have transferred sovereign powers and affected citizens
> fundamental rights under the Constitution, therefore its ratification would
> have required a 2/3 majority in the Parliament.
> La decisione 2 BvR 739/17 e' disponibile all'indirizzo
> On Mon, 23 Mar 2020 at 20:38, J.C. DE MARTIN <demartin at polito.it> wrote:
>> EU Software Patent Court stopped by Constitutional Court, patent industry
>> will try againBy Benjamin HENRION <http://blog.ffii.org/author/zoobab/>
>> Brussels, 23 March 2020 — The third attempt to validate software patents
>> in Europe via a central patent court (UPC) has been stopped by the German
>> Constitutional Court. The Unified Patent Court (UPC) would have given the
>> keys of the kingdoms to the patent industry, and the last word over
>> software patentability. FFII predict that the patent industry will continue
>> to push for an UPC v2.0.
>> (Sent from my wireless device; please excuse brevity and typos (if any))
>> nexa mailing list
>> nexa at server-nexa.polito.it
> *Guido Noto La Diega*, PhD FHEA Avv
> *Associate Professor of Intellectual Property and Privacy Law @stirlaw
> Visiting Professor @unimc
> | Director @italiot <https://twitter.com/italiot> | Fellow @nexacenter
> <https://nexa.polito.it/about-en> | Researcher @CRISP
> E: notoladiega at gmail.com
> W: @guidonld <https://twitter.com/guidonld?lang=en>
> Recent papers and research
> ‘Can Permissionless Blockchains be Regulated and Resolve Some of the
> Problems of Copyright Law?
> ‘Artificial Intelligence and Databases in the Age of Big Machine Data
> ‘Against the dehumanisation of decision-making
> <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3188080>’ (2018)
> Visit SSRN
> ResearchGate <https://www.researchgate.net/profile/Guido_Noto_La_Diega>,
> and Academia.edu <http://northumbria.academia.edu/GuidoNotoLaDiega> for
> open access to my research
> Stirling Law School, Pathfoot Building, Stirling, FK9 4LA, United Kingdom
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