EU-court says no to EPO rule over EU-patents

Its official, the EU-court of justice gives a very direct answer to the EU-Council on the proposed EU-patent and EU-patent litigation court. The EPO-deal suffers from broken control and EPO's self serving belief that patents are the golden standard. The EU-Court tells us that patents must be under EU-ruling so that they can be refused by courts and companies outside the patent bubble.

From Visaepatetens: European Patent Court Not Compatible With European Union Law, says European Court of Justice http://www.visaepatentes.com/2011/03/european-patent-court-not-compatible.html "The Court observes, first, that, *under that agreemet, the European and Community Patent Court is an institution which is outside the institutional and judicial framework of the European Union*. [...] To that extent, the *courts of the Member States* are divested of that jurisdiction and accordingly *retain only those powers which do not fall under the exclusive jurisdiction of the European and Community Patent Court*."

Patent Court: the Commission welcomes the delivery of the Court of Justice's opinion http://europa.eu/rapid/pressReleasesAction.do?reference=IP/11/269&format=HTML&aged=0&language=EN&guiLanguage=en

But I wonder to what degree...

/jonas 

Update: In other news, EU-court denies patent on stem cells: 

http://yro.slashdot.org/story/11/03/12/0052225/European-Court-of-Justice-Rejects-Stem-Cell-Patents