The German Constitutional Court docket issued a landmark choice with implications for a lot of corporations 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 smart commentator will probably be cautious in making statements about the way forward for the UPC. That mentioned, for the primary time in years it now seems that the pan-European patent litigation system might lastly come into being. That is notably related for corporations 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 have the ability to 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 long run courtroom. For house owners of European patents who’re involved about shedding their IP rights, now could be the time to determine the crown jewels and to make an knowledgeable choice about opting out.
To learn extra in regards to the new provisions to PatG please learn the shopper alert written by Dr. Anette Gärtner and Dr. Alexander R. Klett.
