The agreement reached by the European Council on 28 and 29 June 2012 settled the location of the Unified Patent Court's seats. However, the heads of state and government suggested that articles 6, 7 and 8 of the draft regulation on the creation of the unitary patent should be deleted. In effect, this would mean that the competence of the European Court of Justice in patent litigation cases would be considerably reduced.
The European Council's move would "infringe EU law" and make the rules "not effective at all", Bernhard Rapkay, responsible for the draft legislation, told the Legal Affairs Committee on Tuesday, July 10. Most Members of the European Parliament strongly criticised the European Council's move and agreed to resume the discussion in September.
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