The GAT judgment: a missed opportunity for the defence of industrial property in Europe

instead of ruling that the validity of a patent belongs to the exclusive competence of the tribunals of the state that delivered it, the european court of Justice should have admitted that the tribunal of the domicile of the defendant to which an infringement proceeding is referred, can rule on the means of defence drawn from the nullity of the patent, its decision having then only an inter partes effect.