The European Court of Justice Dismisses Actions Against the Single European Patent
In 2011, the European Council authorized enhanced cooperation between member states in a view of creating a single European Patent. Spain and Italy refused to participate and requested the Court of Justice to annul the Council’s decision. The ECJ has dismissed their request noting, that the EU is authorized to create European-wide intellectual property rights and that the Council is fully competent to authorize enhanced cooperation in the area of patent law.