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UPC scenario 2: a blockbuster drug patent with an SPC

Managing Intellectual Property

In our second discussion of a hypothetical UPC scenario, Duncan Ribbons and Rebecca Lawrence address some of the complications that arise with SPCs, licences, opt outs and injunctions

The Unified Patent Court (UPC) promises to herald a new dawn for patent litigation in Europe. Pan-European injunctions and central revocation will become normal, whereas under the current system injunctions and revocations must be obtained on a country-by-country basis. However, patentees will be able to choose not to participate in the new system, for example if the risk of central revocation out weights the benefits of central enforcement, and this is one of the biggest issues that requires immediate attention....

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