The establishment of the European Patent Court and Milan’s strong will to assume, at its own Court, the functions that had been assigned in London (now out for Brexit) are back on the agenda of bilateral summits between European ministers. It was, in fact, one of the topics of the meeting, via videoconference, between the Italian Minister of Justice, Marta Cartabia and her French counterpart Éric Dupond-Moretti in which they also addressed, among others, the issue of the Unified Patent Court. hoping for its rapid entry into force.
In particular, the Minister of Justice underlined the importance, for our companies and for the justice system, not only of a quick start but also relaunched Italy’s candidacy – already advanced last September – to host that third European headquarters. that should have arisen in London and that Brexit has brought back to the EU. On this point, the French minister – Paris already has, by statute, the main office and “temporarily” together with the “secondary” one in Munich has taken on responsibility for pharmaceutical disputes returned from London – took note of the Italian position . But it is clear that France would not mind strengthening its role as a central court and also holding on to the chemical-pharmaceutical disputes.
In reality, the game is not easy. Because a single court that administers justice in patent disputes is not a simple EU agency. It was born, in fact, from an international agreement between European countries, whose operating rules were decided unanimously and in order to leave, it required parliamentary ratification in at least 13 of the signatory countries. Reason for which it has not yet been born and, at the moment, the outcome of an appeal to the German Constitutional Court is awaited (without the yes of Berlin the Court will not take part). The choice of where to place the Courts – the central division in Paris, with sections in London and Munich – was also decided on the basis of the top 3 EU countries by number of patents filed in 2012. And already then, the fourth country by number of deposits, it was Italy. Our government is counting on this – and the League has been pressing for some time, even at the local level – to relaunch the Italian candidacy.