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救济安排是欧盟构建共同体专利制度进程中面临的主要难题,也是欧洲区域性专利制度协调进程中一直争论的热点。现行的欧洲专利制度的救济安排存在着缺乏法律稳定性和维权成本过高的缺陷。拟议中的欧盟共同体专利制度主要是通过共同体专利法院的建立来克服这些缺陷,其进步性主要体现在同欧洲专利救济的较好协调、法律稳定性的提高及诉讼成本的降低。但由于涉及各国司法管辖权的让渡、共同体专利法院与各成员国法院之间管辖权的分配、法官的选任及诉讼语言的选择等棘手问题,该救济安排的最终通过将面临很大的压力。
Relief arrangements are the major challenges that the EU faces in the process of establishing the patent system of the Community and also the hotly debated issue in the process of harmonization of the European patent system in Europe. The current arrangement of remedies in the European patent system lacks the legal stability and the high cost of safeguarding its rights. The proposed EU Community patent system overcomes these shortcomings mainly through the establishment of the Community Patent Court, and its progress is mainly reflected in the better coordination with European patent remedies, the improvement of legal stability and the reduction of litigation costs. However, the final approval of the relief arrangement will be under considerable pressure due to the thorny issues involving the transfer of jurisdiction in each country, the distribution of jurisdiction between the Community Patent Court and the courts of member states, the election of judges and the choice of the language of the proceedings .