However, since the draft was leaked a few weeks ago, many experts have also been outraged by the details of the proposal. They complain that the EU Commission has chosen the EU Intellectual Property Office (EUIPO) as the competence center, where trademarks and designs are primarily registered. So far they have had little to do with patents and their value. Its boss, Christian Archambeau, said less than a year ago “of course we will never have the competence for patents”.
Also read: Start-ups and the patent protection problem: The inventor’s dilemma
The critics also complain that the EU Commission is not waiting to see how the European Unified Court will deal with SEP proceedings. An arbitration board is provided to resolve such disputes peacefully. They also worry about an extraterritorial attack. Ironically, the EU is currently filing a complaint against China before the WHO. Courts in one country should not interfere in proceedings in other countries by prohibiting parties to a dispute from exercising their rights. However, the EU now wants to dictate when patent disputes can be filed outside the EU.