In collaboration with the UCL Institute of Brand and Innovation Law, we recently hosted a conference dedicated to the Unified Patent Court (UPC) ahead of its long-awaited opening in June 2023. The Unitary Patent (UP) and UPC will have a profound and lasting impact on the European patent landscape.
Covering key practical and strategic issues, our panel of experts helped with common questions around: opting out; the process for how and when to opt out; converting traditional European Patents rights into a UP; patent infringement possibilities at the UPC; and use of the UPC's case management system.
Recordings of each session are available to watch on demand below.
Introduction by Sir Robin Jacob
The UPC is the first court built around electronics and is also the first purpose-built court for patents with most national systems operating with adjustments for the needs of patent litigation. It remains to be seen if it will work but the focus of this conference is on how best to use the UPC and what potential issues might arise.
Opting out and litigation strategy
Opting out narrows the forum options for litigating patent to just the national courts and while opting out can be withdrawn, it cannot be withdrawn if national litigation has commenced. There are several points that should be considered prior to opting out:
Case management system
Practice and strategy practitioners Q&A with Taylor Wessing's Dr Jan Philip Rekorschek, Patricia Cappuyns and Dr Paul England
Part-time judges and conflicts of interest
Judges Q&A with Sir Robin Jacobs, Sir Christopher Floyd, Prof. Meier Beck and Dr. Tobias Bremi