Now that Italy has changed its mind and joined, Spain has become the only EU member state to stay out of the Unitary Patent (UP) system. How good or bad is this for the country and its companies? And will anything change because of the CJEU’s rejection of the Spanish complaints against the UP on…

Draft rules for the Patent Mediation and Arbitration Centre (PMAC) of the Unified Patent Court (UPC) will be discussed during the next meeting of the UPC Preparatory Committee on 19 October 2015. Together with these rules, a Memorandum of Operation will be introduced regarding the proposed legal and operational structure of the Centre. Sam Granata,…

Secessionist pressure grows in Catalonia, after regional elections on 27 September 2015 (qualified as an informal referendum on independence) were won by supporters of an independent Catalonia. In Scotland supporters of independence have been far from silenced since they lost a referendum on the same issue last year. Kluwer IP Law found the following article…

‘Europe can become a more attractive forum for patent enforcement than the US’, according to Wouter Pors, partner of Bird & Bird. Kluwer IP Law interviewed him about the new draft proposal for the Rules on the European Patent Litigation Certificate and other appropriate qualifications. ‘We shouldn’t just focus on the minimum requirements.’ Pors expects the…

It is remains open whether the Czech Republic and Slovakia will ratify the UPC Agreement anytime soon, according to Martin Husovec, a Slovak-born lawyer & academic and Doctoral Research Fellow at the Max Planck Institute in Munich. He has been following UPC developments in particularly these two EU Member States. Apart from economic reasons, language and…

The Dutch draft legislation to implement the Unitary Patent Package in the Netherlands includes an interesting ‘safety net’ provision. If registration of unitary effect of a European patent is rejected by the EPO and this is confirmed by the UPC (as the case may be), there will be a possibility to validate the patent in…

Spain will not change its mind and join the Unitary Patent package, now that the Court of Justice of the European Union (CJEU) has dismissed its legal challenges of the patent package, laid out in the EU Regulations 1257/2012 and 1260/2012 and the UPC Agreement. This is the expectation of the Confederation of Employers and…