Publications, press articles, rankings, awards
Unified Patent Court: the recognition of the French “saisie-contrefaçon” mechanism at the European level
The “saisie-contrefaçon” is a long-standing evidentiary measure familiar to French intellectual property practitioners. It has been successfully incorporated into the framework governing the Unified Patent Court (“UPC”), which has been in force for two years. The main points to remember are presented below.
Jurisdiction of the UPC: decision of the Court of Appeal
In this important decision (UPC_CoA_30/2024 APL_ 4000/2024 Fives ECL, SAS vs. REEL GmbH) the court of appeal decided whether the Unified Patent Court (UPC) has competence for deciding about damages for on infringement decided by a national court and whether it has jurisdiction an acts of infringement committed before the entry into force of the Agreement on a Unified Patent Court (UPCA).
UPC extends its jurisdiction to the United Kingdom!
Decision UPC_CFI_355/2023 dated 28 January 2025.
Lavoix: Your trusted partner for litigation before the Unified Patent Court
Since the establishment of the Unified Patent Court (UPC) one year ago, Lavoix, a European group specialized in intellectual property, has asserted itself as a leader in managing patent litigation.
Romania will accede the UPC agreement on September 1st 2024
Romania has deposited its instrument of ratification on May 31, 2024 and will accede to the UPC agreement on September 1st, 2024.
Cumulative Protection under the UPC Framework
Cumulative Protection: European Patent and National Patent vs Unitary Patent and National Patent
UPC and opt-out: definition, advantages and drawbacks
The present system of European (EP) patents granted by the European Patent Office, has the drawback that the same patent, validated in several states, may lead to several parallel disputes in these jurisdictions. The Unified Patent package creates a unitary effect for European patents encompassing the states that have ratified the Unified Patent Court Agreement (UPCA – to be found here). That is to say, an EP patent with unitary effect will have the same effects in all the states that ratified the UPCA and where said patent has been validated. It also creates a single court (the Unified Patent
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The protocol on the provisional application of the UPC agreement
The Protocol to the Agreement on a Unified Patent Court on provisional application (the PAP-Protocol) was initially signed on 1st October 2015 to establish a Phase of Provisional Application (PAP) to ensure « a smooth transition into the operational phase and ensure the proper functioning of the Unified Patent Court before the entry into force of the Agreement on a Unified Patent Court ». This text is pivotal in the UPC for the practical preparation that is required to run the Court but also in terms of timing for anticipating the actual date of implementation of the Unified Patent Court Agreement (UPCA).
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The german federal government officially ratified the UPC act of approval on august 13th
The publication of the law in the Federal Law Gazette finally puts an end to the legal complications that have been blocking the german ratification process and, consequently, the establishment of the Unified Patent Court (UPC). But this does not mean that the UPC can finally start to operate. Before the UPC can actually open its doors, the period of the preparatory phase must begin. Germany intends to ratify the Protocol on Provisional Application in early autumn. According to this Protocol, some parts of the UPC Agreement will be provisionally applied before it becomes fully effective. In order for
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