The German Constitutional Court docket issued a landmark choice with implications for a lot of corporations doing enterprise in Europe on July 9, 2021. For many years, the European Fee and EU member states strived to create a pan-European Unified Patent Court docket (UPC). After overcoming many hurdles, any wise commentator will likely be cautious in making statements about the way forward for the UPC. That stated, for the primary time in years it now seems that the pan-European patent litigation system might lastly come into being. That is notably related for corporations from the life sciences sector that are likely to implement their blockbuster patents in parallel proceedings in essentially the most related jurisdictions. The brand new system and the supply of pan-European injunctions signifies that claimants will be capable of transfer from 5 parallel circumstances to at least one. Nonetheless, the brand new system additionally comes with disadvantages reminiscent of pan-European invalidation proceedings. No person can predict the standard of judgments issued by the long run courtroom. For homeowners of European patents who’re involved about dropping their IP rights, now’s the time to establish the crown jewels and to make an knowledgeable choice about opting out.
To learn extra concerning the new provisions to PatG please learn the consumer alert written by Dr. Anette Gärtner and Dr. Alexander R. Klett.
