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Showing posts from July, 2009

The European Court of Justice Explained

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Barbara Cookson
Chartered Patent Agent/European Patent Attorney
Filemot Technology Law
The Rt Hon Sir Francis Jacobs KCMG QC and former ECJ Advocate General was the surprise guest speaker at the Hogarth Chambers Summer IP Seminar on Wednesday 15th July. Quietly spoken and urbane, his manner reflected the lugubrious nature of ECJ proceedings that are now seriously frustrating the IP community. It seems that the ECJ, or at least its Advocate Generals, can be quietly frustrated too. Jacobs spoke of being minded on one occasion to invoke Lewis Carroll and the Hunting of the Snark and quote that “what I tell you three times is true”. The admirable role of the ECJ is to interpret European law in a manner that will enable all national courts to apply it consistently. Its procedure is relatively straightforward. References may be made by any national court or tribunal and must be made by the highest where doubts arise. The Reference is translated into all the national languages and circulated…