Pharma: UE has exclusive competence over patentability

With its judgment rendered on 18 July 2013 (Case C-414/11), the European Court of Justice (ECJ) held that the TRIPs (Trade-Related Aspects of Intellectual Property Rights) agreement falls within the field of the ‘common commercial policy of the union’.

The ECJ is consequently the court to which the interpretation of the TRIPs agreement is demanded, also with respect to patent law provisions, notwithstanding the level of harmonisation eventually reached among the member states…

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