The Study On The Unified Patent Court System

The integration of European patent, as an important part of the European integration process, has a very significant impact on trading, economic development and technological innovation of the European countries. European Patent law has gone through a long and tortuous way. Until on March 10,2011 the Council of the European Union adopted an enhanced patent system in Europe, the unitary patent system has gained new momentum. The Unified Patent Court, which aims to build an unitary judicial procedure of the EU patent between European countries, is the most important steps of harmonizing the European Patent law. Meanwhile, it will remit the huge legal costs caused by multiple actions and solve the problem of different decisions with the same case in different national courts, which caused by uncertainly EU patent law, if the UPC established. “The Agreement on a Unified Patent Court”,signed on February 19, 2012, is an important symbol of the establishment of the UPC.“The Agreement” provides the qualified condition、procedures and training about the UPC judges and the composed of the panel. There are legally qualified judges and technically qualified judges,which appointed by the executive committee from the list of candidate judges. In order to ensure the qualified of judges, the UPC sets a training center in Budapest. Any panel of the court shall have a multinational composition and it shall sit in a composition of judges, appointed from the pool of judges, who are national of different Contracting Member States. The 17 th draft of “the Rule of Procedure of the UPC” provides specific operating conditions after the UPC established. Generally, the UPC’s procedure include first instance and appeal,specifically include: written procedure, interim procedure, oral procedure, a procedure for the award of damages and procedures for cost orders. While it detailed statement of the evidence and provisional measures, in addition to other general provisions, such as service of documents, execution of the decisions, preliminary reference to the CJEU etc. The UPC has great important significance for the integration of international intellectual property laws. After the integration of substantive law stuck in bottlenecks, the UPC provide a model for the global unitary patent system in the integration of procedural law,especially the procedural system of the UPC. China has began to establish Intellectual Property Court in Beijing,Shanghai and Guangzhou.The UPC provides a great significant in the structure of the court, the election of the judges and the special trial procedure of our Intellectual Property Court.