Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Artificial Intelligence and Public Law

Artificial Intelligence and Public Law

Price: £140.00

Drink and Drug-Drive
Case Notes 4th ed




 P. M. Callow


Welcome to Wildys

Watch


Judicial Cooperation in Commercial Litigation 3rd ed (The British Cross-Border Financial Centre World)



 Ian Kawaley, David Doyle, Shade Subair Williams


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


The UPC Judge as EU Judge: Cooperation Between the Unified Patent Court and the Court of Justice of the European Union


ISBN13: 9789403517193
Published: August 2025
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £110.00



Low stock.

The UPC Judge as EU Judge is a book pursuing the question of how the Unified Patent Court (UPC) may cooperate, ‘as any national court’, with the Court of Justice of the European Union (CJEU) in accordance with the EU constitutional framework. After a decade of legal challenges, setbacks and delays, the (UPC) came into existence on 1 June 2023 as a court common to – at present – eighteen participating EU Member States. The UPC is uniquely responsible for its decisions on the application and interpretation of EU law in actions relating to patents and supplementary protection certificates within its exclusive competence, in particular concerning European patents with unitary effect.

What’s in this book:

In response to this complex question, the author provides an in-depth analysis of the following issues:

  • what role the UPC, like any national court of a Member State, plays in the EU legal order and its judicial system
  • whether the UPC may overcome the constitutional issues identified in Opinion 1/09 on an international patent court
  • how the need to accord with the EU constitutional framework limits an international court established by an international agreement with non-EU States
  • under which conditions the UPC has the power or obligation to refer questions to the CJEU, in accordance with Article 267 of the Treaty on the Functioning of the European Union (TFEU) in particular, and
  • whether effective remedies are available under EU law if a decision of the UPC infringes EU law

Each of these issues is substantiated and clarified through detailed case studies and empirical research on the parties’ written submissions, hearing reports, opinions, decisions and related writings of judges, lawyers, and scholars.

How this will help you:

This book provides a forward-looking and thorough examination of the basic conditions for cooperation between the UPC and the CJEU, as well as of the mechanisms for ensuring compliance with those conditions and remedying infringement thereof. It seeks to help foster sincere cooperation to ensure effective legal protection of individuals’ rights conferred by EU law in the patent field. The book will prove beneficial to judges, legal representatives, and parties in patent-related proceedings. In addition, as a study of the EU judicial cooperation system in the framework of EU, international and national law, its relevance beyond the UPC context will appeal to a broader audience of international law and EU law practitioners or scholars.

Subjects:
Judiciary
Contents:
About the Author
List of Abbreviations
Foreword
Abstract
General Introduction

I Background
II Main Research Question, Sub-Questions and Structure
III Methodology
IV Relevance

Chapter 1 Prelude. The Pivotal Role of the Courts of the Member States in the EU Legal Order and Its Judicial System
Chapter 2 Interlude. Opinion 1/09 and the Accentuation of the Indispensable Role of the National Judge as EU Judge Within the EU Constitutional Framework
Chapter 3 Postlude. Clarification and Justification of the Role of the International Judge ‘Not as EU Judge’ Without the EU Constitutional Framework
Chapter 4. The UPC’s Power or Obligation to Refer Questions to the Court of Justice in Accordance with the EU Constitutional Framework
Chapter 5. Remedies for Infringement of EU Law by Decisions of the UPC

Conclusions

Annex
Bibliography
Instruments of Law
Table of Cases