UPC ‘firmly established’ after two years
Law firm Pinsent Masons says that the Unified Patent Court (UPC) has now “firmly established itself” as a leading forum for patent disputes in Europe.
The court, which has now been operating for two years, is a dedicated judicial system for litigating unitary patents, as well as existing European patents that have not been specifically opted out of the UPC’s jurisdiction.
Ireland has signed the agreement that set up the UPC, but the Government last year postponed the referendum that was needed to enable it to ratify the deal.
Court ‘central’ to strategies
Writing on the firm’s website, said that patent owners had welcomed the potential to obtain injunctions and damages across a broad geographic area.
She added that users had also welcomed “the speed and efficiency” of UPC divisions in issuing decisions.
“As a result, the UPC has become central to the way businesses across all sectors develop and operate global patent-litigation strategies,” Talyor stated.
‘Mixed’ life-sciences picture
She wrote that the second year of the UPC had seen an increasing number of filings and decisions in the technology sector, but a “mixed” picture in life sciences.
“While medical technology companies continue to be active before the UPC, the number of pharmaceutical and biotech UPC disputes remains very low.
“The reasons for this continuing hesitancy are likely a combination of commercial risk and the UPC’s uncertain approach to important substantive issues,” Taylor said.
One factor she highlights is increased activity from the UPC’s Court of Appeal, with its “growing bank” of rulings bringing more certainty for businesses on how the court will interpret important questions of patent law.
Transition period
“We expect the number of pharmaceutical and biotech disputes before the UPC will gradually increase, not least because the transitional period for the court – after which European patents will automatically fall subject to the UPC’s jurisdiction – is expected to end in 2030, without being extended,” Taylor wrote.
She added that pharmaceutical and biotech businesses might be advised to engage with the UPC sooner, rather than later, to gain experience and help influence case law.
The Pinsent Masons lawyer also said that the court’s Patent Mediation and Arbitration Centre, due to open next year, would be monitored with interest.