Activities of Gerald HÄFNER related to 2011/2176(INI)
Shadow opinions (1)
OPINION on a jurisdictional system for patent disputes
Amendments (2)
Amendment 6 #
Draft opinion
Paragraph 5
Paragraph 5
5. Is of the opinion that a Unified Patent Court can be created by means of an international agreement; stresses, however,in light of the abovementioned opinion by the Court and taking into account that the European Union is not party to the European Patent Convention, careful analysis is needed whether a Unified Patent Court can be created by means of an international agreement as currently proposed, especially also in view of the legal architecture contained in the Proposal for a Regulation of the European Parliament and of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection, notably article 1 thereof; stresses that the Unified Patent Court must respect Union law; believes that this respect for the primacy and proper application of Union law should be ensured inter alia by providing for the possibility of requesting preliminary rulings from the Court of Justice of the European Union in accordance with Article 267 of the TFEU;
Amendment 7 #
Draft opinion
Paragraph 5
Paragraph 5
5. Is of the opinion that in light of the abovementioned opinion by the Court careful analysis is needed how a Unified Patent Court can be created by means of an international agreement; stresses, however, that the Unified Patent Court must respect Union law; believes that this respect for the primacy and proper application of Union law should be ensured inter alia by providing for the possibility of requesting preliminary rulings from the Court of Justice of the European Union in accordance with Article 267 of the TFEU; calls in this regard for an in depth legal analysis to verify whether an international agreement to which the Union is not a party can confer on the European Court of Justice an obligation to hear preliminary ruling questions as well as whether such agreement can impose liability on Member States for infringements of Union law;