Italian lawyers fear French UPC ‘landgrab’

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

Italian lawyers fear French UPC ‘landgrab’

Europe viewed from space at night with city lights in European Union member states, global EU business and finance, satellite communication technology, 3D render of planet Earth, world map from NASA

Milan may only fulfil its UPC dream at a price, with a decision from negotiations between France and Germany expected shortly

Italian lawyers fear Milan’s potential Unified Patent Court central division will miss out on key pharmaceutical cases if talks with France and Germany result in some life sciences cases being heard in Paris.

A spokesperson for Germany’s Ministry of Justice (MoJ) confirmed to Managing IP yesterday, March 13, that trilateral discussions with Italy and fellow UPC central division host France were ongoing and that a decision is expected “shortly”.

Milan is the only contender to host the third central division seat, which was originally assigned to London before the UK quit the UPC project in 2020.

The London division was expected to specialise in life sciences cases.

The other two central seats are in Paris and Munich.

Italy bid for Milan to replace London on the basis that its division would assume responsibility for life sciences cases.

However, a report in the Italian newspaper Il Sole 24 Ore last month said that the original allocation of cases to the different central divisions was under debate.

France and Germany have, according to that report, proposed that the Paris division should hear cases involving pharmaceutical patents for which a supplementary protection certificate (SPC) is in effect.

That would leave the proposed Milan division with non-SPC pharma cases, a prospect that has alarmed some Italian practitioners who campaigned for Milan to host the seat.

Laura Orlando, joint global head of IP at Herbert Smith Freehills in Milan, said the rumoured proposal appeared to be a “landgrab” with no legal basis.

She added that a split between SPC and non-SPC cases would be entirely arbitrary and impractical from an enforcement perspective.

“This new debate on the competence of the third central division appears to stem from purely political considerations, which worryingly do not take into account the technical and legal context,” Orlando told Managing IP.

But while the Italian legal sector has reacted mostly negatively to the proposal, some practitioners think a compromise might be worthwhile.

Roberto Valenti, partner at DLA Piper in Milan, said a compromise on SPC cases would be worth it if the Milan division could start hearing cases from when the UPC opens in June.

“The third central division is extremely important, not only for Italy but for the system as a whole.

“I hope parties agree on a solution now rather than later,” Valenti said.

A spokesperson for Germany’s MoJ said the establishment of a central division in Milan would require an amendment to the UPC Agreement (UPCA), which still references London.

Munich and Paris will temporarily assume all central division responsibilities if no deal to amend the UPCA has been reached by the time the court opens on June 1, she added.

more from across site and SHARED ros bottom lb

More from across our site

Counsel explain how AI can create brand protection headaches, but also be used to fight fakes
An AI copyright update in the UK and IP protection efforts by Temu and WeChat were also among the top talking points this week
Mary Till says she has been helping clients navigate policy questions, including staffing concerns at the office
A seminal decision concerning second medical use patents and questions over confidentiality were among the top talking points this fortnight
Managing IP considers some of the key themes from the 2025 Annual Meeting and offers some tips for London 2026
A comparison of the 2024 and 2025 editions of the Managing IP EMEA Awards reveals the firms and companies that have been dominating Europe’s IP market year after year
Tuesday's coverage includes BD tips for aspiring partners, and a foray into the world of SEPs
Exclusive data reveals law firms are failing to go above and beyond for their corporate clients, with in-house counsel saying advisers should consider more transparent billing processes
Arty Rajendra and Gary Moss discuss why ‘thorough and intense’ preparation, plus the odd glass of wine, led to a record FRAND victory for their client
Monday’s coverage includes news of a potentially 'game-changing' trademark development in China and how practitioners are using AI
Gift this article