Et EU-patensystem til gavn for SMV’er

Ayse Özden

Student thesis: Master thesis

Abstract

The internal market in the EU is experiencing an economic downturn as a result of the financial crisis, and it is therefore necessary to improve all areas of concern in achieving the goal of a better internal market. This should include improvements of the conditions for SMEs, since these represent the majority of European companies. This thesis describes the importance of a new EU Patent Reform in favor of Danish SMEs, which is due to the fact that the current European patent system is fragmented and costly. The reason for this is that applications for the EPO have to include the designated countries and a validation fee has to be paid for each country in which the patent shall have effect. The several proposals of a union patent protection in EU seek to harmonize the patent rights by bundling all protection certificates into a single unit, and enforcement would subsequently take place at the Unified Patent Court. However these proposals have been rejected, since it has been difficult to reach an agreement as regard to languages for translation and a system for enforcement. As a result the European Council has now agreed upon an enhanced cooperation of unitary patent protection. The difficulties of the current European patent system are hindering the ability of SMEs to innovate, contribute to economic growth in EU, and in gaining market access, while large and resourceful companies are better off, since their monopoly status and the FMA will be extended. A monopoly position will be eliminated with the adoption of the EU patent reform, as this will lead to an improvement in economic efficiency and in allowing SMEs to enter markets. An access to cheaper European patents will improve the ability of SMEs to innovate, as patents provide incentives for increased investment in R&D, and the longer patent protection is, the greater the incentives for innovation may be, as this makes it possible for the patentee to charge a higher price for a longer period of time. The duration of patent protection will be of importance to the economic outcomes of European patents, as an economic efficiency is found when SMEs obtain EU patents with the maximum term of 20 years protection. Since the agreement on enhanced cooperation on EU patent is a part of the final patent reform, the agreement for a unified EU patent court is still a challenge as this, according to the EU Court Opinion 1/09, is not compatible with the EU treaties, and thus the agreement on a unified EU patent Court blocks a final adoption of the EU patent.

EducationsMSc in Commercial Law, (Graduate Programme) Final Thesis
LanguageDanish
Publication date2012
Number of pages95