Exclusive: UPC chief judge signals new guidelines on judicial conflicts

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Exclusive: UPC chief judge signals new guidelines on judicial conflicts

ParisSEPspanel
Klaus Grabinski at the 5th Annual Paris Conference on Standard Essential Patents

Klaus Grabinski addressed the controversy over part-time UPC judges in an exclusive interview with Managing IP

The Unified Patent Court could issue new guidelines on how to manage judicial conflicts of interest before the new system opens next year, the UPC’s chief judge has revealed.

Klaus Grabinski, president of the UPC Court of Appeal, made the comments exclusively to Managing IP in what was his first interview since he was appointed in October.

The chief judge was speaking to Managing IP live on the sidelines of the 5th Annual Paris Conference on Standard Essential Patents.

He was responding to the controversy over the selection of part-time technically qualified judges. Those judges will continue to practise in law firms or attorney firms while sitting at the UPC. 

Grabinski said the Presidium of the UPC will consider whether to include guidance on potential conflicts in a judicial code of conduct before the UPC Agreement (UPCA) enters into force.

“We could be more precise in drawing the borderlines with regard to conflicts of interest for part-time judges,” he suggested. 

The UPC chief judge added, however, that the use of such judges was a common feature in some UPC member states.

The UPCA is currently scheduled to enter into force on April 1, according to the UPC’s projected timeline.

In the interview, Grabinski also spoke about a likely divergence between the US and the UPC on the availability of injunctive relief, and endorsed the comments of Rian Kalden, his colleague on the UPC Court of Appeal.

Kalden, a Dutch judge, told a conference in Brussels last week that the UPC would not follow a US-style approach, which has effectively done away with injunctive relief in patent cases.

Grabinski also spoke about which aspects of the new system he was most looking forward to, and addressed concerns over the court’s electronic case management system.

The full interview will be published on Managing IP tomorrow, November 24.

more from across site and SHARED ros bottom lb

More from across our site

Professionals from three organisations reveal what led them to sponsor Brand Action and why doing so can build camaraderie
The results of a UK government consultation on the exhaustion of IP rights and an annual review published by the EPO’s Boards of Appeal were also among the top talking points this week
The decision disregards Perlmutter’s work at the US Copyright Office and comes at a time when strong leadership and expertise are crucial
Sources say the decision to fire Shira Perlmutter raises constitutional concerns and speculate on what the decision could mean for the country’s approach to AI
India has formally liberalised its legal market, allowing foreign firms to open offices in the country and provide advisory services
Rachelle Downie, who joined K&L Gates’s Melbourne office in January, discusses how working at a global firm with a strong life sciences focus is helping her win more business
Alexander Bjørnå, Aera’s first hire in Norway, explains why it’s the right time to disrupt the country’s ‘traditional’ IP market
Natasha Ahmed said she was drawn to the firm’s commitment to artificial intelligence and tech transactions
As it celebrates its 50th anniversary this year, the firm discusses private equity interest in IP, why the UPC is a key priority, and being a ‘strategic adviser’ to clients
Thomas Rukin discusses IP due diligence, his joy at seeing colleagues succeed, and taking inspiration from Marcus Aurelius
Gift this article