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First months of the UPC: ‘A very special time for patent enthusiasts’

Kluwer Patent blogger

October 5, 2023

The start of the Unified Patent Court is a very special time for patent enthusiasts in Europe. Johanna Flythström, a Helsinki-based partner of law firm Roschier has said this in a podcast interview on the occasion of the launch of the new UPC Case Law Tracker from Wolters Kluwer.

“There was a lot of anticipation building up before the launch of the UPC. After years and years of preparations and after all the delays, so there is really a lot of excitement in the air about how everything will be developing”, Flythstrom said.

She is also editor of the KLI publication Enforcement of Decisions of the Unified Patent Court.

In the podcast, the popularity of the system in different sectors is discussed, as well as the role of national IP courts, the German dominance at the UPC and the question when the first fundamental UPC decisions can be expected.

The podcast is available here.

The UPC Case Law Tracker is available on Kluwer IP Law and brings summarized and annotated UPC decisions and orders of the newly launched UPC. More information on the UPC Case Law Tracker can be accessed here.

Comments (9)

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Adam Brown

October 6, 2023 AT 8:32 AM

"compatibility with EU Law to be tested at some point" Well, observers are not that confident that the CJEU will agree with the construction. The UPC won't forward any question about the legality of their own court to the CJEU without rewriting the questions first. Once the first judgment out, any loosing party could ask national court to deny the national enforcement of the UPC décision ans challenge the construction of the court, notably compatibility with TEU19(1), TFEU267 and competence under reverse-AETR jurisprudence.

law sniffer

October 6, 2023 AT 11:11 PM

I am curious to see when the crusade of this very objective supporter of the demolition of the UPC miserably fails, which next crusade will keep busy these untouchable observers deserving their high retribution in the bar of the employer: maybe a crusade for better and free wine in the bar?

don't feed the troll response to law sniffer

October 7, 2023 AT 9:27 AM

It is nice to see that basically no one feeds this specific troll ;-)

Do we need the UPC? response to law sniffer

October 7, 2023 AT 7:58 PM

@ law sniffer, I find your comment derogatory and dishonest, to say the least. The day you will explain in a convincing manner in how far the whole construction of the UPC abides by the rule of law, and the amendments carried out by the Presidium of the UPC and its Administrative Committee are in conformity with the VCLT, you will be able to indulge in such sneering comments. Until then some moderation would be welcome. European integration is desirable. The EPC/EPO is such an example of successful European integration. It is difficult to say the same of the UPC. The way the UPC has been conceived and pushed through is not an example to follow. It is an integration which will only benefit to companies holding a large number of patents and to internationally active, mainly Anglo-Saxon, layer firms. In other words, it is a prime example of what some lobbies can achieve. If the parliaments would have been honestly informed of what the UPC actually entails, I am not sure that the parliaments having ratified the UPCA would have done so. The real legal problems, also after Brexit, have simply been swept under the carpet, and everything was presented as being hunky dory.

Concerned observer response to law sniffer

October 9, 2023 AT 11:42 AM

Sniffer, why do you think that it is OK to demonstrate such a lack of respect for those who have doubts about the legal basis for the UPC? You are clearly convinced of the benefits of the UPC. All well and good. But are you 100% confident that there is absolutely no merit to the legal arguments that underpin doubts expressed by others? If there is any shred of merit in those arguments, then what Adam says above is fair comment. How about tackling the ball (ie the legal basis for the UPC) instead of attacking the player?

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