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Correct me if I'm wrong, but isn't this supposed price increase in Stjema's analysis only based on the maximum reimbursement allowance for lawyers? Hence, this
by Quanttek 6y ago
Correct me if I'm wrong, but isn't this supposed price increase in Stjema's analysis only based on the maximum reimbursement allowance for lawyers? Hence, this only pertains to the potential for increased costs, not actual increased costs. Also, the obvious advantage of a European court is that one does not need to enforce one's patent in all State jurisdictions separately, right? Stjema shows how this duplication is actually lower than assumed (bc most companies choose to only enforce it in one country) but wouldn't the assumption be that the need for enforcement in more than one jurisdiction increase as the internal market for knowledge products becomes ever-more integrated? Although I see how it could be more expensive right now (and software patents still suck)
I would mainly love to see a response regarding the legal side.
- zoobab 6y agoThe actual percentage of cross-border litigation, now that the UK has left, is around 7% of all cases. 93% of cases are national only, and will suffer from an increase of costs just for the beauty of having a pan-European court. For the legal side and the rules of procedure, we have been informed from several high profile lawyers (one being on the bench of one of those decisions) that this would not survive a test in front of the ECHR, once the UPC is running.