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EU SEP regulation's proposed 9-month 'bar' on patent holders' right to legal action is 'serious interference,' IP judges body warns

( November 4, 2023, 03:30 GMT | Official Statement) -- MLex Summary: The President of the Intellectual Property Judges' Association or IPJA has raised concerns about a proposed EU regulation on standard-essential patents, saying that a nine-month bar on patent holders taking legal action against infringement by a patent user is worrying and "results in a significant curb on access to justice." Sir Robin Jacob, who is also a former Lord Justice of Appeal of the Court of Appeal of England and Wales, said in a letter, "To impose a substantial delay on access to the courts whilst an administrative body not of the patentee's choosing proposes a nonbinding settlement is likely to be a serious interference with the patentee's rights and its right to go to court." An absolute bar could be a "gross interference with justice" in the case of a patent user determined to defer judgment against it for as long as possible, a delay scenario to be avoided under European case law, he said. See attached document...

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