A centralized and federal patent system in the EU changes economic and constitutional law structures by creating a ‘nationalized' international patent. As the underlying economic policy has concentrated on the development needs of small and medium-sized enterprises (SMEs), accounting for 99%...

This is my submission to the European Ombudsman's public consultation on the composition of EU Commission expert groups conducted between May and August 2014. The comments concentrate on the unbalanced representation of interest groups, the inadequacy of safeguards for the selection and external...

This is my response to the public consultation on the rules of procedure (the 15th draft) for the European Unified Patent Court (UPC) that the UPC Committee conducted between June and September 2013. The focus is put on constitutional implications and conflicts of interests.The key points are:...

In the liberal tradition, there has always been scepticism about the state’s involvement in the activities of industry. Instead, internal measures by way of self-regulation and collective action have been preferred. In recognition of the reality that exclusive reliance on such solutions has...

The push for the creation of a European Unified Patent Court (UPC) aims to achieve the federalisation of the patent system in Europe. By replacing the jurisdiction of national courts in the legal disputes relating to patents with unitary effect, the UPC will create a new centralised judicial...

This is a letter which is addressed to the judges of the European Union regarding the pending cases of [Spain v. Parliament and Council] that examine the validity of EU Regulation No 1257/2012 of the European Parliament and of the Council of 17 December 2012 implementing enhanced cooperation in...

The exclusivity granted to pharmaceutical companies through intellectual property rights (IPRs) may in certain circumstances run counter to the main objectives for which these rights are intended. EU competition law has stepped in to correct systemic failures that have adversely affected the...

The key constitutional issue surrounding the unitary patent system is the complete loss of national and the EU’s sovereignty in the context of industrial property and hence, use of technology – that is unprecedented. This context concerns the entire range of technological sectors including...