The Unified Patent Court (UPC) is a brand new court
system for owners of European Patents and Unitary Patents (UPs).
With a single judgment, the court is able to determine validity and
infringement of a patent across nearly all EU member states.
Gowling WLG's award winning patent litigation team draws on its
extensive experience patent litigation in the UK, Germany, France
and beyond to provide clients with comprehensive guidance as to the
opportunities and challenges presented by this new court
The UPC is a new
international court for resolving patent disputes in Europe
established by an international agreement (the Agreement on a
Unified Patent Court, or "UPCA"). It is comprised of
local divisions hosted by various participating member states of
the EU, and a central division hosted in London, Munich and Paris.
The judiciary will be drawn from across the EU, including
experienced patent judges from the UK, Germany and France.
The Court's judgments will be binding across nearly all EU
member states (with the exception of Spain, Poland and Croatia). It
will decide issues including infringement and validity in relation
Unitary Patents (UPs), which are EP applications for
which the owner has requested unitary effect upon grant. UPs are likely to be available from
early 2017, but applicants should ensure their patent filing
strategy takes these into account now.
See Gowling WLG's explanation of Unitary Patents.
The UPC is a step into
the unknown for patent litigation in Europe. It is expected to
become operational by early 2017, although there is much for
companies to do to prepare before then. Gowling WLG's patent
lawyers are ideally placed to advise on the opportunities and risks
presented by the court:
Innovation: The development and interpretation
of the rules of the UPC
will require innovative lawyers who are prepared to think outside
the box. In 2012, Gowling WLG's innovative approach culminated
in the UK Supreme Court reversing more than 100 years of
established UK patent law.
Expertise: The Gowling WLG team includes
lawyers with technical qualifications in subjects including
chemistry, mathematics and biological sciences. The team also
includes solicitor-advocates practised in the art of advocacy.
Experience: The team has over 20 years of
patent litigation before the national courts of the UK and
Location: Gowling WLG has offices located in
each of the cities hosting sections of the Central Division of the
Single Team: Gowling WLG's single team
approach ensures clients benefit from the combined wisdom of
lawyers experienced in English, French and German law. The team is
accustomed to working closely with clients and patent attorneys to
deliver the best results for clients.
The prospect of an internal investigation raises many thorny issues. This presentation will canvass some of the potential triggering events, and discuss how to structure an investigation, retain forensic assistance and manage the inevitable ethical issues that will arise.
From the boardroom to the shop floor, effective organizations recognize the value of having a diverse workplace. This presentation will explore effective strategies to promote diversity, defeat bias and encourage a broader community outlook.
Staying local but going global presents its challenges. Gowling WLG lawyers offer an international roundtable on doing business in the U.K., France, Germany, China and Russia. This three-hour session will videoconference in lawyers from around the world to discuss business and intellectual property hurdles.
A recent Saskatchewan Court of Queen's Bench decision allowed a court-appointed receiver to sell and transfer intellectual property rights free and clear of encumbrances, finding that a license to use improvements of an invention was a contractual interest and not a property interest.
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