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For privacy and security reasons, the Unified Patent Court has temporarily deactivated a CMS functionality linked to the opt-out procedure. The UPC reported today that in the week preceding the start of the sunrise period – which started 1 March 2023, ‘it became clear that the public API designed to retrieve public documentation from the…
February 1st, 2023, the French Supreme Court (“Cour de Cassation”) ascertained that during a saisie-contrefaçon trade secrets can only be protected by a temporary sequestration provided for in the order authorizing the saisie. Teoxane (“Teoxane”) is the owner of a European patent, the revocation of which Laboratoires Vivacy (“Vivacy”) sought by a summons filed on…
The UPC has published practical information on the upcoming launch of the so-called Sunrise period. This 3-month period will start on 1 March 2023 at 9:00 CET. The court advises, among others, to inform the UPC, as far as possible, of the forecasted date of massive opt-out filings. Starting from 1 March 9:00 CET, it…
In June 2023 the European patent landscape will see one of the most dramatic changes in decades with the introduction of the Unitary Patent (UP) and the opening of Unified Patent Court (UPC). In a short series this blog will go through the main characteristics of the system and decisions that need to made to…
A number of recent decisions have highlighted the risks that can arise from the practice of supplying draft judgments to litigants and their advisers under an embargo. The courts have made it clear that a breach of embargo is to be treated seriously, and failure to comply with an embargo may result in proceedings for…
“Jamais deux sans trois”. The French Supreme Court (“Cour de Cassation”) has issued no less than seven decisions relating to SPCs on February 1st, 2023. After having reported the two relating to the interpretation of article 3 a) of the SPC Regulation last week (nivolumab and pembrolizumab cases), I will report today a decision rendered…
In June 2023 the European patent landscape will see one of the most dramatic changes in decades with the introduction of the Unitary Patent (UP) and the opening of Unified Patent Court (UPC). In a short series this blog will go through the main characteristics of the system and decisions that need to made to…
Today, Germany has ratified the Agreement on a Unified Patent Court. This has been confirmed by a statement of its Federal Ministry of Justice. Germany’s ratification launches the countdown as set under Article 89 of the UPC Agreement according to which the Agreement will enter into force on 1 June 2023. According to an announcement…
In the spirit of Jonathan Swift’s unforgettable Modest Proposal for preventing the Children of Poor People from being a Burthen to Their Parents or Country and for making them beneficial to the Publick, Let us first consider a Modest Proposal of how the European Patent Office could be restructured to achieve • 100% EPO Quality…
The start date for the Unified Patent Court remains 1 June 2023. This has been confirmed to Kluwer IP Law by Johannes Karcher, acting chairman of the Administrative Committee. The decision was made by the UPC member states last week at a meeting of the Administrative Committee in Luxembourg. Due to problems with accessing the…
