Thursday, May 5, 2022
HomeHealth LawRight here we go once more – Unified Patent Court docket again...

Right here we go once more – Unified Patent Court docket again on observe


The German Constitutional Court docket issued a landmark determination with implications for a lot of firms doing enterprise in Europe on July 9, 2021. For many years, the European Fee and EU member states strived to create a pan-European Unified Patent Court docket (UPC). After overcoming many hurdles, any wise commentator will probably be cautious in making statements about the way forward for the UPC. That stated, for the primary time in years it now seems that the pan-European patent litigation system could lastly come into being. That is significantly related for firms from the life sciences sector that are likely to implement their blockbuster patents in parallel proceedings in probably the most related jurisdictions. The brand new system and the supply of pan-European injunctions implies that claimants will be capable of transfer from 5 parallel instances to 1. Nevertheless, the brand new system additionally comes with disadvantages corresponding to pan-European invalidation proceedings. No person can predict the standard of judgments issued by the longer term court docket. For homeowners of European patents who’re involved about shedding their IP rights, now could be the time to establish the crown jewels and to make an knowledgeable determination about opting out.

To learn extra concerning the new provisions to PatG please learn the shopper alert written by Dr. Anette Gärtner and Dr. Alexander R. Klett.

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