The Unified Patent Court has begun operating in the EU
The Unified Patent Court began functioning in the European Union on 1 June 2023.
The Unified Patent Court is an international court common to currently seventeen EU Member States, in which the Agreement on a Unified Patent Court (UPCA) is in force. The list of countries currently includes, among others, Germany, France, Austria, Italy and others.
The Unified Patent Court has exclusive jurisdiction over the widest possible range of disputes relating to European patents for inventions, as well as unitary EU patents for inventions, including:
- disputes over stopping the use of a patented invention without the authorisation of the right holder;
- disputes over the revocation or invalidation of a patent;
- disputes over licensing agreements for the use of a patented invention;
- disputes over the recovery of damages caused by the unauthorised use of a patented invention;
- disputes relating to appeals against the decisions of the European Patent Office, etc.
Some of the main advantages of the Unified Patent Court include:
- the very wide jurisdiction of this court;
- the hearing of disputes by a single body under a single set of rules;
- the direct enforceability of judgments in all participating EU countries.
The structure of the European Patent Court comprises a Court of First Instance, a Court of Appeal, and a Registry. In addition, a Patent Mediation and Arbitration Centre is foreseen to foster amicable settlements.
- The Court is composed of highly qualified judges from all over Europe. The panels comprise both legally and technically qualified judges with great expertise in patent litigation.
The creation of the Unified Patent Court significantly changes the current system for protecting patent rights for inventions in the EU Member States of the Agreement on the Unified Patent Court and opens up great opportunities for European patent owners, as well as those who plan to obtain them in the future, to protect their rights throughout the EU Member States of the Agreement on the Unified Patent Court.
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