Local view for "http://purl.org/linkedpolitics/eu/plenary/2000-12-13-Speech-3-259"
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"en.20001213.9.3-259"2
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". – I am not sure what the honourable Member means by the word ‘proliferation’. Does he mean a geographical proliferation or a functional proliferation, according to various subject matters?
If Mr MacCormick means a functional proliferation of courts of justice, I can see his point of view. I understand that his concern is that there should not be a proliferation of special tribunals dealing with this, that and the other. That is certainly an understandable point of view, which I share.
However, patents, represent very specialised work. Just as the law courts in Düsseldorf, Munich and elsewhere in Germany have specialised in the law of patents and there is also a specialised court in London, a Community court to sit upon and judge cases concerning Community patents would have to be very specialised. It is not work that could be given to a new judge – if I may put it that way – even though that judge might be very experienced in other fields. Therefore, the specialised courts which the European Commission wants to see come into being, to deal with all possible litigation concerning Community patents, would have to consist of specialised judges and would, therefore, perhaps be organisationally a part of the Court in Luxembourg but, as far as its work is concerned, form a specialised part of that Court.
Having said all that, I agree with Mr MacCormick that one should be very sparing in erecting special tribunals. We do not want a tribunal for traffic accidents, international agreements, or for maritime law, etc. These matters would continue to be the normal province of the Court in Luxembourg and certainly the Commission would not want any special arrangements for normal cases."@en1
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