Enhanced Cooperation: Is There Hope for the Unitary Patent?

Abstract:

This paper reviews the use of enhanced cooperation in the creation of a European Union patent system. It assesses whether the legal requirements for the application of enhanced cooperation are fulfilled, and it does so in the light of the arguments raised by Italy and Spain in their actions for annulment brought before the European Court of Justice. The paper goes on to analyse whether the proposed patent system complies with the invoked legal basis, which requires the introduction of a new intellectual property right. If the answer is negative, possible ways to correct this mistake will be assessed.