The UPC has the power to decide questions of both patent validity and infringement for the newly established "European Patents with Unitary Effect" as well as for "classical" European Patents (unless actively "opted out" from the UPC competence). It is therefore the first multinational court in the European Union to act and decide in civil law matters between private parties.
Session moderator, Daniel Alge, President of FICPI's EUCOF Committee and owner of Sonn Patentanwälte in Austria, explains how an upcoming panel session will report on the "first 100 days" of the UPC in power, and share with attendees the first practical experiences of this new transnational patent court.
You can hear the session "The Unified Patent Court (UPC) – what has been the experience 100 days in?" at the 2023 FICPI Open Forum in London from 4-7 October.
Who's on the panel?
We are privileged to have people extremely close to the UPC on the panel, the very definition of UPC experts! The panel includes the President of the Court of Appeal of the UPC, a member of the UPC Administrative Committee, and a litigator qualified at the UPC.
Judge Klaus Grabinski is the President of the Court of Appeal who represents the Unified Patent Court. He is therefore the key person in this project, having the deepest legal and practical knowledge of the status of the UPC project.
Stefan Luginbühl leads the Patent Law Policy and Harmonisation Department at the European Patent Office (EPO) and is an expert in the Unitary Patent System. He will give us background information about the role of the EPO in the unitary patent system and provide us with the latest news about how this new instrument is appreciated by the users of the EPO.
Silvia Dondi is a European Patent Litigator and will describe her impressions of the start of the UPC system from the perspective of a user of the system, especially her experience with the Case Management System in the "sunrise period" from 1 March to 31 May 2023 and with the requests for unitary protection at the EPO.
Why attend this session?
The UPC can overcome the European challenge in patent litigation to be faced with multiple fora in many EU Member States by a single decision in a single court for all UPC Member States. This could offer opportunities for small and medium-sized enterprises (SMEs) to enforce their patents more efficiently but also creates exposure to a single invalidity request in these Member States (similar to the current EPO opposition proceedings).
This session will provide answers to questions including:
- How did the UPC perform in its first months?
- What are the highlights so far?
- What are the things we already have learned which should be further developed or even amended?
- Is this system already fit for practice?
- Can I recommend that my clients take action before the UPC?
When is the session taking place?
It's on Thursday 5 October 2023, from 16-1730, and is part of the Patents Stream.
Gain unique insights. Join us in London.
The FICPI 21st Open Forum in London (4-7 October 2023) is an opportunity to gather direct insights from the international IP attorney community on IP practice-related issues or topics of IP law, while building business relationships and friendships that will last a lifetime.
The Forum features top quality speakers and topics in in one of the world’s great cities, plus a fun social programme for delegates and guests to enjoy London with dinners, tours and sports.
Secure your Open Forum ticket by 30 July 2023 to take advantage of our mid-rate tickets. We encourage you to book earlier to secure your hotel room of choice.