The Unified Patent Court (UPC)
Europe's new unified patent system consists of two EU regulations - one concerning the creation of a new European patent with immediate effect in the EU ("Unitary Patent") and the other concerning the translation regime for the Unitary Patent - and a multilateral agreement on the creation of a new Unified Patent Court ("UPC").
With the launch of the Unitary Patent and the UPC, the structure of the European patent regime will change significantly. As a result, companies and practitioners must be prepared for the changes in the patent landscape which the new system will inevitably bring about. A landscape in which the traditional judicial system is supplemented and, in certain types of cases, replaced by a novel system where Unitary Patents, and European patents which have not been opted-out, may be enforced (pan-European enforcement) or invalidated (pan-European revocation) during proceedings brought before one transnational venue. This means that patent proprietors will no longer have to instigate parallel litigation in multiple jurisdictions across Europe when enforcing their patents. On the other hand, patents covered by the jurisdiction of the UPC also risk being invalidated with a single decision having effect in all Member States participating in the UPC system.
The Unitary Patent, as well as decisions by the UPC, will only have effect in the Member States participating in the co-operation. Currently, there are 17 participating Member States.
The UPC consists of a Court of First Instance and a Court of Appeal. The Court of First Instance consists of a Central Division situated in Milan, Munich, and in Paris and a number of local and regional divisions. There is a local division in Copenhagen. The Court of Appeal is situated in Luxembourg.
As one of Denmark's most experienced IP groups, we are closely monitoring developments concerning the implementation of the UPC and the Unitary Patent. Our patent litigation partners, Nicolai Lindgreen and Nicolaj Bording, authored the first Danish-language book about the UPC and have in-depth understanding of the system and its organisation.
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Der er nu, efter lang tids venten, udsigt til, at den fælles europæiske patentdomstol (Unified Patent Court, UPC), som Danmark...
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Do you have any questions on this topic? Don't hesitate to contact Partner Nicolai Lindgreen, Partner Nicolaj Bording, Attorney Emil Petri, Attorney Mathias Rønø Bove or Assistant Attorney Victor Fasmer Henum.
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