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La juridiction unifiée du brevet: le nouvel oxymoron du droit européen

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Chapter Summary

The opinions of the Court regarding compatibility external agreements with the founding treaties are a cornerstone of the right of external relations of the European Union. From the perspective of the right of external relations, the first lesson of Opinion 1/09 is clearly to confirm the message of Opinions 1/91 and 1/92. From the perspective of patent law, the notice 1/09 caused the abandonment of the solution of an international court to triple participation EU / Member States / third countries for the benefit of international jurisdiction limited to the Member States. The implications of the debate on the unified jurisdiction for the European judicial system as a whole have been greatly underestimated. It must be noted that the creation of this court led to the development of a custom status. The original text of the chapter is in French.

Keywords: European Union; external agreements; international court; Member States; patent law



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