Лисабонският договор и прилагане на правата на интелектуална собственост

Abstract

The Treaty on the Functioning of the European Union, Lisbon Treaty ( TFEU), enter into force on December 1, 2009. It also introduce changes to the way of application for intellectual property rights (IPR). They are determined, on one hand, within the internal market and, on the other hand, in the agreements that the European Union (EU) establishes with its trading partners. The provision of art. 118 of the TFEU which tasks the European Parliament and the Council to establish measures for the creation of European intellectual property rights, with providing uniform protection of IPR throughout the EU, with setting up of centralized Union-wide protection, co- ordination and supervision for these rights.
In accordance with art. 118 the European Council, on July 2009, present to the Court of Justice of the EU the Project of Agreemеnt concerning the Unified Patent Court and its corresponding with the Treaties of the EU. The Unified Patent Court will have exclusive competence in respect of actions relating to the validity or infringement of a European unitary patent.There are examined the considerations of member- states „pros” and „cons” this project. On March 8, 2011 the Court of Justice adopted a position № 1/09: Тhе United Patent Court Agreement is not corresponding with the EU Treaties.
On May 30, 2011 Italy and Spain appealed this position. The Agreement will be finalized on June 2012: the member states will sign the Unified Patent Court agreement in the second half of 2012. After it is ratified by a sufficient number of member states (at least 13), it will enter into force. This is expected to happen in early 2014.