Paris Lyon The Unified Patent Court state of the play in May 2016 Pierre Véron Honorary President EPLAW (European Patent Lawyers Association) Ljubljana ● 5 May 2016 ● Unitary Patent: opportunity or challenge? Evropski patent z enotnim učinkom: priložnost ali izziv?
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Paris Lyon
The Unified Patent Courtstate of the play in May 2016
Pierre VéronHonorary President EPLAW(European Patent Lawyers Association)
Ljubljana ● 5 May 2016 ● Unitary Patent: opportunity or challenge?
Evropski patent z enotnim učinkom: priložnost ali izziv?
The Unified Patent Court
Summary
Why a new patent litigation system in Europe?
The Unified Patent Court: a formidable challenge
State of the play
Rules of procedure
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The Unified Patent Court
Why a new patent litigation system in Europe?
A new system was needed to cure the defects of the current patent system in Europe
Lack of real unitary patent protection
Jurisdiction given to national courts in parallel proceedings
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The Unified Patent Court
Lack of real unitary patent protection:the current European Patent is a “bundle” patent, not a unitary patent
The European Patent Office provides a single patent grant procedure, but does not grant a single patent as far as enforcement is concerned
The so-called European Patents are not European Union patents or even Europe-wide patents: instead they are a “bundle” of national patents.
Entering into force when 13 contracting States including FR, UK and DE have ratified
8 ratifications so far:AU, FR, SE, BE, DK, MT, LU, PT and FI
Before the decision to schedule the Brexit referendum on 23 June 2016, the UK government was intending to bring forward legislation to implement the Unified Patent Court Agreement in January 2016 https://www.gov.uk/government/consultations/secondary-legislation-implementing-the-unified-patent-court
Draft bills published on 16 February 2016 in Germany for ratification of the Unified Patent Court Agreement and implementation of Unitary patent system into German lawhttps://www.bmjv.de/SharedDocs/Gesetzgebungsverfahren/Dokumente/RefE_Uebereinkommen_EinheitlichesPatentgericht.pdf?__blob=publicationFile&v=2
Central Division also competent as "local" for:AT, IE, LU, MT, PT
Baltic Regional Division (SE, EE, LT, LV)
Finland
Denmark
United Kingdom
The Netherlands
Germany (4 divisions)
Belgium
France
CZ-SK Regional Division ?(CZ, SK)
Central Regional Division ? (HU, SI, HR)
Poland (UP - non UPC)
Spain (non UP - non UPC)
Croatia (EU post UP & UPC)
The Unified Patent Court
Court of appeal
LuxembourgHemicycleKirchberg
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The Unified Patent Court
Court of First Instance
LondonAldgate Tower (City)
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ParisPalais de Justice
MunichBundespatentgericht
?
The Unified Patent Court
Rules of procedure : stage 0
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4 November 2006, Venice Forum : European Patent Judges approve the main principles of the rules of procedure
The Unified Patent Court
Drafting process: stages 17 +
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26 November 2014: Public hearing in Trier
The Unified Patent Court
Berlin 25-26 June 2015
Joint meeting Legal Framework Working Group, Preparatory Committee + Drafting Committee about the 18th draft
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Johannes Karchercoordinator of the Legal Framework Working Group
The Unified Patent Court
What’s next?
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2016: Administrative Committee’s final approval
The Unified Patent Court
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Rules of procedure (382 rules)
Draft Rules of procedure of the Unified Patent Court 19 October 2015 (V18) http://www.upc.documents.eu.com/PDFs/2015-10-19_UPC_Rules_of_Procedure_18th_Draft_clear.pdf
“proceedings shall be conducted in a way which will normally allow the final oral hearing on the issues of infringement and validity at first instance to take place within one year” (preamble)