Enhanced cooperation in the area of unitary patent protection and European integration

摘要

The Court of Justice is expected to decide soon on the validity of the Council decision of March 2011 authorising enhanced cooperation in the area of unitary patent protection. Should the Court invalidate the decision, the decisions of the Parliament and of the Council of last December, which implement enhanced cooperation by the means of two regulations introducing a European patent with unitary effect and providing for a specific language regime will lack a legal basis. The paper examines the new legal issues arising with regard to the authorisation and the implementation of enhanced cooperation. It concludes that, in a long term perspective, repealing the Council’s decision will best serve maintaining the legitimacy both of reinforced integration through enhanced cooperation within the European Union and of regulating dynamic competition within the Internal Market by unified patent protection.