The Unified Patent Court (UPC) is a new international court [i] which will have jurisdiction over all unitary patents.
The UPC will also have jurisdiction over nationally validated European patents in states under the jurisdiction of the UPC, provided that such patents have not been opted out in accordance with the transitional provisions.
Over what countries will the Unified Patent Court (UPC) have jurisdiction?
The UPC will have jurisdiction over several European Union (EU) countries, such as France and Germany, but not all European Patent Convention (EPC) member states. For example, the UK, Switzerland and Spain will not fall under the jurisdiction of the UPC.
See the full list of countries here.
What is the structure of the Unified Patent Court (UPC)?
The Courts of First Instance will comprise Local and Regional Divisions in various EU countries as well as a Central Division.
The Central Division will include seats in Paris and Munich. Due to the UK's departure from the EU as a result of Brexit, alternative arrangements are being made for the third Central Division seat which was planned to be based in London.
The Court of Appeal will be based in Luxembourg.
Want to know more?
Register for our webinar
Join Senior Associate, Dr. Serena White as she outlines throughout the webinar:
- What the law changes are and what they mean for Australian and New Zealand businesses and individuals with European patents and patent applications;
- The advantages and disadvantages;
- The benefits and risks; and
- What Australian and New Zealand businesses and individuals need to do to prepare.
Discover more about the unitary patent and UPC here.
Footnote
1 The legislation creating the UPC is the "Agreement on a Unified Patent Court" (known colloquially as the UPC Agreement or UPCA)
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