The effect of EU law on the status of inventors
Authors: Mimler, M.
Editors: Arnold, R., Cippitani, R. and Colcelli, V.
Publisher: Universität Regensburg
Abstract:The area of law which affects the status of inventors probably the most is the law of patents. They grant their right holders with a bundle of rights which fundamentally shape the status of inventors. Therefore, this chapter will analyse the impact of European Union (EU) law on the status of inventors by analysing its impact on patent law. It should be noted from the outset that EU law has had lesser impact on patent law compared to other fields of intellectual property (IP). All attempts to create unitary EU patent rights, as in other fields of IP, have so far been futile. This failure stands in contrast to the success of the European Patent system which was created outside the framework of the EU. The latest attempt to create unitary patent rights was launched in 2012 with the Unitary Patent Package. This initiative foresees the grant of so-called patents with unitary effect and the creation of a Unified Patent court. But the proposed system is a hybrid between EU and international law and it currently remains unclear when this system will finally be implemented. Areas where EU law has had effect on the status of inventors are limited to issues, such as biotechnological inventions, the enforcement of patent rights and the creation of supplementary protection measures. In addition, the EU has recently been active in the field of trade secrets which has ramifications for inventors.
Source: Manual