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Challenging Acts of International Organizations Before National Courts$
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August Reinisch

Print publication date: 2010

Print ISBN-13: 9780199595297

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199595297.001.0001

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Decisions of the European Patent Organization Before National Courts

Decisions of the European Patent Organization Before National Courts

Chapter:
(p.137) 6 Decisions of the European Patent Organization Before National Courts
Source:
Challenging Acts of International Organizations Before National Courts
Author(s):

August Reinisch

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199595297.003.0006

This chapter discusses the implications of the English Lenzing case which concerned an indirect attack against the European Patent Office's revocation of a patent. In addition, it demonstrates how the German Constitutional Court has extended its Solange jurisprudence to other international organizations like EPO in order to guarantee a core fundamental rights protection under German constitutional law. This theme underlies a number of cases, dealing not only with the EPO's central tasks of granting or revoking European patents, but also concerning EPO decisions to admit persons as European Patent Attorneys or staff-related decisions of the EPO itself or the Administrative Tribunal of the International Labour Organization (ILOAT) on appeal. The working hypotheses receive support from the cases investigated.

Keywords:   European Patent Organization, European Patent Attorney, patent, patent revocation, Lenzing case

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