Cost of running European patent litigation under European Court of Justice?

Special patent courts should have a more general court watching in the interest of a more balanced interpretation. But proponents of a new European patent court seem eager to stand clear of any oversight, arguing that it would only cause economic harm.  I disagree.

Having the European Court of Justice (ECJ) as top court for the proposed European patent courts (EPLA) could perhaps avoid broad patent where they cause harm to innovation. The US Supreme Court has been critical to the same kind of federal special patent court and its record in granting ever broader patents. But some member states of Europe disagree with the idea of ECJ as top instance, amongst them Sweden, arguing that the cost of having an extra instance would be a high burden on litigants. But would the cost really be that high?

Lets compare the extra costs with the same setup at the EU Trademark Court where ECJ is the top instance:
Here are all ECJ-rulings on trademarks: (2008=5 2007=8 2006=8, 2005=4, 2004=11)
Court of First instance (CFI, under ECJ): (2008=14 2007=18 2006=12 2005=4 2004=15 )
Appels at first instance (2008=113 2007=68 2006=45 2005=63 2004=35)
Judgements in national (community) trade mark courts: (2008=73 2007=100 2006=77 2005=62 2004=42)
Run down:
2008: 73 -> 113 -> 14 -> 5
2007: 100 -> 68->18->8
2006: 77 -> 45->12->8
2005: 62 -> 63->4->4
2004: 42 -> 35->15->11
So the risk of a ECJ appeal is about 5-10% in trademarks. Is that such a terrible risk in comparison with the cost of patent inflation? 

No comments:

Post a Comment