By Samson Helfgott
Samson Helfgott is a partner with KMZ Rosenman in New York. He has practiced for more than 30 years in domestic and international patent, trademark, and copyright matters.
A number of interesting items have come up with respect to the I2P Group (International Intellectual Property Group), which are of interest to the entire membership.
In connection with the proposed “unitary” patent to be valid within the EU Member States, the European Commission planned to create a Unitary Patent Court. Italy and Spain were the only two EU members to have opposed the idea of a single EU-wide patent system, which would include plans for the Unitary Patent Court. To carry out such opposition, in May 2011, these two countries jointly filed an appeal before the European Court of Justice against the decision of the EU Council of Ministers to allow negotiation of such unitary patent among the other 25 Member States of the EU, excluding Italy and Spain.
As a result of Italy’s new government, which began in November 2011, Italy changed its position, at least with respect to the European Patent Court (EPC). It is not known whether it also will change its position with respect to the single EU-wide patent system. However, as a result of the changed position on the EPC, Italy declared to the Competitiveness Council of the European Union that Italy will now take part in negotiations on this EPC.