Judicial Specialisation in Intellectual Property: the Unified Patent Court as a Model of Specialised Court

Scordo, Sara (2022) Judicial Specialisation in Intellectual Property: the Unified Patent Court as a Model of Specialised Court, [Dissertation thesis], Alma Mater Studiorum Università di Bologna. Dottorato di ricerca in Diritto europeo, 34 Ciclo. DOI 10.48676/unibo/amsdottorato/10200.
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The aim of this thesis is to discuss and develop the Unified Patent Court project to account for the role it could play in implementing judicial specialisation in the Intellectual Property field. To provide an original contribution to the existing literature on the topic, this work addresses the issue of how the Unified Patent Court could relate to the other forms of judicial specialisation already operating in the European Union context. This study presents a systematic assessment of the not-yet-operational Unified Patent Court within the EU judicial system, which has recently shown a trend towards being developed outside the institutional framework of the European Union Court of Justice. The objective is to understand to what extent the planned implementation of the Unified Patent Court could succeed in responding to the need for specialisation and in being compliant with the EU legal and constitutional framework. Using the Unified Patent Court as a case study, it is argued that specialised courts in the field of Intellectual Property have a significant role to play in the European judicial system and offer an adequate response to the growing complexity of business operations and relations. The significance of this study is to analyse whether the UPC can still be considered as an appropriate solution to unify the European patent litigation system. The research considers the significant deficiencies, which risks having a negative effect on the European Union institutional procedures. In this perspective, this work aims to make a contribution in identifying the potential negative consequences of this reform. It also focuses on considering different alternatives for a European patent system, which could effectively promote innovation in Europe.

Tipologia del documento
Tesi di dottorato
Scordo, Sara
Dottorato di ricerca
Settore disciplinare
Settore concorsuale
Parole chiave
Unified Patent Court - Judicial Specialisation - Specialised Courts - Intellectual Property disputes - European judicial system - European patent system
Data di discussione
15 Giugno 2022

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