UPC scenario 2: a blockbuster drug patent with an SPC
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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