5 Amendments of Rolandas PAKSAS related to 2011/2176(INI)
Amendment 1 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls for the establishment of the Unified Patent Litigation System, as a fragmented market for patents and disparities in law enforcement hampers innovation and progress in the internal market, complicate the use of the patent system, are costly and prevent the effective protection of patent rights, particularly those of SMEs;
Amendment 1 #
Draft opinion
Paragraph 1
Paragraph 1
1. Agrees that effective unitary patent protection in Europe would contribute to the objective of growth through innovation and would thus help European business, particularly small and medium-sized enterprises, to cut costs, effectively enforce patent rights and face the economic crisis and global competition;
Amendment 3 #
Draft opinion
Paragraph 2
Paragraph 2
2. Acknowledges that effective unitary patent protection can only be ensured through a properly functioning patent litigation system; believes that such a system must respect the primacy of Union law; points out that effective use should be made of existing national patent litigation systems when setting up a unitary system for the settlement of patent disputes;
Amendment 5 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that the patent court is to be given exclusive competence for much of the patent litigation brought by private individuals, with the result that this court would bring about changes to national courts in this area and national courts would lose the right to apply to the Court of Justice for preliminary rulings, leaving the patent court as the only court able to work with the Court of Justice, through the preliminary ruling procedure, on questions involving the interpretation and application of Community law;
Amendment 9 #
Motion for a resolution
Paragraph 7 – point iii
Paragraph 7 – point iii
(iii) the Court should be a Court common to the Contracting Member States and subject to the same obligations as any national court with regard to compliance with Union law; thus, for example, the Cour the Court would become, in the area in which it shall cooperate with the Court of Justice by applying Article 267 TFEUs exclusive powers, the sole judicial interlocutor of the Court of Justice by way of a preliminary referral procedure concerning the interpretation and application of Union law, and would be responsible, in the exercise of that power, for guaranteeing the full application of Union law and the judicial protection of the rights conferred on citizens by that law;