(...) The European Commission welcomes the delivery today of the opinion of the Court of Justice of the EU (CJEU) on the compatibility of the envisaged agreement on the European and EU Patent Court with the EU Treaties. Now that the opinion is available, the Commission will analyse it very carefully with a view to identifying appropriate solutions. The opinion should have no impact on the decision foreseen to be taken by Member States on 10 March at the Competitiveness Council following the consent of the European Parliament authorising a move to enhanced cooperation in the area of unitary patent protection. The creation of unitary patent protection is legally distinct from the creation of the European Patent Court. It is important to maintain the momentum to bring decades of discussion on the EU patent to a quick and successful solution through enhanced cooperation. In parallel, the Commission will work equally quickly to find an appropriate way forward for the Patent litigation system following the Court's opinion.(...)
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