MIP Spring PDF: uncertain future for UPC

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MIP Spring PDF: uncertain future for UPC

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The Unified Patent Court takes centre stage in our latest PDF

Our latest quarterly PDF leads on the Unified Patent Court, a project that has been tantalisingly close for so long now that its launch still seems more like fiction than reality. However, as the new court really does appear to be on the path to creation – probably by early next year – intellectual property stakeholders are beginning to dust off their notebooks and revise what it all means for them.

The problem for those running the UPC is that any appetite for the new project and its associated unitary patent doesn’t appear to be healthy – at least from in-house counsel. There is marginally more desire from non-practising entities, but even they want to watch from the side-lines and see how things pan out before they act. In short, everyone is waiting for everyone else to make the first move.

This, I think, should worry those working to implement the UPC. A huge amount of time and resources have been focused on bringing the court to life. It has faced many twists and turns, not least a long-running constitutional saga in Germany. It will, unbelievably, be 10 years in February 2023 since the UPC Agreement was signed in Brussels. A decade on, the countries and authorities backing this new framework must be very careful that it doesn’t become a white elephant, because there is a risk of that happening – at least at first.

In the long term, I suspect, the UPC has a strong chance of becoming a hub for European patent litigation as companies become familiar with the new system. But there’s no telling how many years we will have to wait. In the meantime, the metaverse and blockchain are also hot topics in IP, as are diversity and inclusion and the America Invents Act – and you can read expert articles on these issues and many more in the following pages.

The crisis in Ukraine is also having a major impact on IP, with several law firms and IP offices cutting ties with Russia and the Russian government responding to sanctions by blithely removing core IP legal protection. We at Managing IP are watching with horror the suffering of the Ukrainian people amid the unconscionable invasion of their country. Although we and our parent company Euromoney Institutional Investor are stopping all business in Russia both with customers and with suppliers, Managing IP’s journalists are continuing to report on events as they pertain to IP.  

 

  

more from across site and SHARED ros bottom lb

More from across our site

Pascal Faure, director general of INPI, explains why keeping a cool head is key, and discusses plans to leverage IP assets to secure funding
Lawyers at Carpmaels & Ransford explain how the healthcare sector has not simply participated in the UPC’s early years, but actively shaped it
The firm has hired former in-house counsel Quintin Cassady to lead the launch of the new office
The combined firm has strong IP credentials across the US, Middle East, UK and Europe, despite Taylor Wessing’s German and French practices not joining
Priya Nagpal, who this month became the firm’s eighth IP partner, says its cross-practice expertise in areas closely linked to IP was a key draw
Harm van der Heijden is to join Ankar as head of patent innovation after 17 years in private practice
Alabama attorney Miya Aladebumoye has launched a new firm built on ‘big law’ experience and a personal touch approach
A UKIPO campaign aimed at combating fakes in the pre-loved fashion market and registration of the first Portuguese craft and industrial geographical indication were also among the top talking points
Chris Adams, Managing IP’s research lead, joins us to explain what practitioners need to know ahead of our first rankings release of 2026
Another IP litigator joins Winston & Strawn in Dallas as firm seeks to keep pace with ‘rapid’ growth of Texas market
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