Sophie DARBOIS

Judge, Court of Cassation (Commercial, Financial and Economic Division)

Between 30 May 2012 and 30 May 2014, the Commercial Division of the French Court of Cassation delivered some 60 judgments in cases concerning French, European or international patents.

Gabriella MUSCOLO

Commissioner, Italian Competition Authority; former judge, Court of Rome (IP Section)

Recent developments in European and national patent law and case law

Andreia Liana CONSTANDA

Judge, High Court of Cassation and Justice, Civil Section

Recent developments in the Romanian patent law and case law

I would like to present a short overview of a number of patent-law issues, based on decisions given by Romanian courts in recent years, especially 2012 and 2013. In fact, I only feature one pre-2012 decision, which is included because it is of particular interest in the case law.

I. Judges and representatives of patent offices

(a) Contracting states to the EPC

This case study differs from those used for previous judges' symposia.

As in the real legal world, there is a statement of claim and a defence, but they already contain all the parties' submissions, including the arguments which in the normal course of proceedings would be presented as further written submissions in the reply and the rejoinder. They also contain all the evidence needed to decide the case.