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

The Spain-based firm has appointed an industry veteran to lead the group, which it hopes will strengthen its ability to support clients in ‘disruptive technologies’
Shaina Haria, a final-seat trainee at an international law firm’s UK office, shares how she fell in love with IP and why the area of law has changed the way she views the world
Now in its sixth edition, the IP Case Law Conference was focussed on the notion of ‘growing through change’
Nick Redfearn and Khanh Nguyen of Rouse discuss Vietnam’s latest identification in the 2026 Special 301 Report and how the country is taking genuine steps to meet US expectations
Tatiana Campello reflects on 30 years of practising at the firm, and urges women IP attorneys to think beyond the day-to-day
A David v Goliath battle involving TikTok, and Via Licensing Alliance adding new members to its Voice Codec patent pool, were also among the top talking points
Latham & Watkins bolstered its IP litigation bench in California with the addition of Kieran Kieckhefer, as partner demand for trial-ready expertise shows no sign of slowing
With the launch of a new patent eligibility AI tool, Sterne Kessler is leading a growing movement of law firms taking AI development into their own hands
UPC cases are (very) gradually becoming more distributed across other local divisions outside Germany, which can only be good news for the pan-European forum
Clarification concerning jurisdictional reach and latest stats released by the court were also among the top talking points in recent weeks
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