Breaking: UPC chief urges EU to rethink SEP plan

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

Cookies Settings

Breaking: UPC chief urges EU to rethink SEP plan

KerstinJorna.jpg
Kerstin Jorna, head of DG Grow, speaking at the UPC inauguration in Luxembourg today

Klaus Grabinski told delegates at a UPC inauguration event that the proposed SEP regulation would limit access to justice

The most senior judge of the Unified Patent Court has sharply criticised the European Commission’s draft standard-essential patent reforms.

Klaus Grabinski, chief judge of the UPC Court of Appeal, said he feared the draft SEP regulation, published last month, was not currently compliant with the EU Charter of Fundamental Rights.

Speaking at the formal inauguration of the UPC at the Hémicycle in Luxembourg today, May 30 – which Managing IP is attending – Grabinski said he felt obliged to comment on the plan.

The German judge said he was concerned that SEP owners would have to register their patents at the EUIPO before they could bring an infringement action at the UPC.

“I fully support the commission’s aim to enhance transparency, but access to justice is a core fundamental right,” he said.

Grabinski questioned why SEP owners should not be able to bring infringement actions in the EU while they could in the UK and China.

Under the commission’s draft regulation, patent owners would have to register their SEPs at the EUIPO, which would carry out essentiality checks and determine fair, reasonable, and non-discriminatory (FRAND) royalties.

They would be unable to bring infringement actions for those patents until the end of that process, which could take up to nine months.

But SEP owners would still be able to seek “provisional injunctions of a financial nature” while the EUIPO process was ongoing.

SEP owners had seen the UPC as an attractive option, mainly thanks to the prospect of Europe-wide injunctions.

But it’s unclear what role the new court will play in the future of global SEP litigation if the commission’s plan is realised.

“I have no doubt that the regulation will be fully compliant with the EU Charter of Fundamental Rights after it has gone through the [full] legislative process,” Grabinski added.

Kerstin Jorna, head of DG Grow – the EU body that drew up the proposal – also gave a speech but did not comment on Grabinski’s remarks.

Jorna spoke instead about the importance of intellectual property to the EU single market and encouraged all member states to join the unitary patent system.

The UPC will open on Thursday, June 1.

more from across site and SHARED ros bottom lb

More from across our site

The firm reveals how its litigation strategies informed the arguments that took Masimo’s judgment past $818 million
The firm was rebuilding its IP practice through a string of patent hires and a Texas expansion, but its dissolution has put the newly built talent back into the market
AI can exploit longstanding gaps in copyright protection at remarkable speed, but EU law still provides tools to fight back, says Simon Hembt at Bird & Bird
The firm has tapped a local patent trio to establish a foothold in the market and broaden its national presence
New Asia-Pacific IP head Jonathan Chu is eyeing opportunities arising from Chinese technology licensing, overseas enforcement and increasingly IP-heavy cross-border deals
Europe’s largest intellectual property convention and trade fair is back: IP Service World 2026 takes place in Munich from November 23–25 – the 16th edition, with 1,400-plus attendees from 55-plus nations, 100-plus speakers, and 100-plus exhibitors. Three days. Two focused areas. One IP marketplace.
Mehmet Gün and Uğur Aktekin discuss four decades of change in Türkiye’s legal market, the firm’s commitment to independence and the challenge of building an institution that can outlast its founders
Boehringer Ingelheim has instructed a team from Kirkland, while Teva is being represented by Pinsent Masons
The Delhi High Court’s latest directions offer an opportunity to move beyond remedies against bad-faith registrations and address how suspicious applications are identified in the first place, says Fatima Baig at Lexlinc
Camilla Hamrin describes how the acquisition by Acapo Onsagers will impact Bergenstråhle’s trademark practice – and reflects on changes she has seen over 30 years in IP
Gift this article