The Unified Patent Court (UPC) is a planned future court common to EU Member States which participate in the Unitary Patent system, and it will be part of their judicial system. After a transitional period of 7 years or 14 years at most, it will have exclusive competence in respect of traditional European patents and European patents with unitary effect (Unitary Patents). The UPC is based on the Unified Patent Court Agreement. The Unitary Patent system and the UPC are planned to start functioning once certain ratification conditions have been fulfilled.
The previously announced target date for the entry into operation of the Unified Patent Court, envisaged for December 2017, cannot be maintained. This has been reported by the UPC Preparatory Committee. Today, the Committee announced that the timetable which was published last March, was ‘relying on the timely finalisation of national procedures concerning the ratification…
If the period of provisional application of the Unified Patent Court Agreement starts before the summer break, it is still possible that the Unitary Patent system launches this year. European Commissioner Elzbieta Bienkowska said this in a press conference after the meeting of the EU Competitiveness Council, 29 and 30 May 2017 in Brussels. Bienkowska…
(UPDATED) Industry organization Eurochambres and the British Chambers of Commerce (BCC) have written a joint letter to UK Business Secretary Greg Clark, calling on the UK government to help ensure that the Unitary Patent system becomes a reality as soon as possible. The letter was sent earlier this week, prior to the meeting of the…
Germany has unfortunately no Fordham conference where an impressive number of eminent IP scholars, judges and practitioners, including even representatives of the EPO, get together once every year to discuss the state of the patent universe and future developments. However, Germany does luckily at least have its Max Planck Institute for Innovation and Competition in…
By Annsley Merelle Ward On 22 May 2107, the US Supreme Court unanimously put limits on where patentees can commence patent infringement proceedings in the US. In the case, TC Heartland challenged Kraft Heinz’s decision to commence patent infringement proceedings against it in Delaware, arguing that the case should be transferred to its home court in Indiana….
The UK Parliament closed down for business yesterday, preceding the general elections of 8 June 2017. It means parliamentary approval of legislation which is necessary for UK ratification of the Unified Patent Court Agreement will be delayed. Inevitably, this will lead to postponement of the start of the Unitary Patent system as well. After earlier…
The Unitary Patent system adds to territorial fragmentation of patent law in Europe, rather than consolidating it, by leaving aside non-participating EU Member States. Also, it is based on rules in the Brussels I bis Regulation (BR) and the Unifed Patent Court Agreement (UPCA) which are not consistent, according to Dr. Michael C.A. Kant, expert…
Activities of Patent assertion entities (PAEs) in Europe are increasing dramatically and are encouraged by the Rules of Procedure of the upcoming Unified Patent Court, especially the possibility to obtain an EU wide injunction. This is argued by Intellectual Property 2 Innovate (IP2I), a coalition made up with nine companies ‘that create innovative products and…
The Fordham IP Conference in New York is celebrating its 25th anniversary this year. As the conference heads into its second quarter-century, the programme and faculty are as impressive as ever. It remains a magnet for key opinion leaders from all areas of intellectual property. Whilst the rain poured down across Manhattan, the conference began…
UK prime minister Theresa May’s decision to call early general elections for 8 June 2017 could spell trouble for the Unitary Patent system, as it may delay the UK’s ratification of the Unified Patent Court Agreement. Nobody said the creation of a new patent system covering all EU member states was going to be easy….
