VIENOTA SPĒKA EIROPAS PATENTS.

The idea of a “unitary patent” that would be effective within the whole EU may be carried out through the system provided by a unitary court protection. The Court of Justice of the European Union is not suitable for this purpose. The idea of the European “unitary patent” faces a dilemma. On the one hand, different courts and institutions engaged with validity of a patent come to principally similar or identical answers regarding the same statements of questions. On the other hand, it is exactly how the institutional independence of judges is manifested in the Constitution of the Republic of Latvia. By withdrawing this prerogative from national courts, a part of sovereignty is inevitably lost. It is also noteworthy that in Latvia, where issues related to justice administration usually take up an import role, there has been no resonance regarding the establishment process of the European “unitary patent” up to now. [ABSTRACT FROM AUTHOR]