Jérôme Debrulle, Chair of the Select Committee of the Administrative Council for the Unitary Patent, has recently said that his committee's work in preparation for the coming of the UPC is now complete. He commented in an EPO press release that "In October 2021 the Select Committee adopted an ambitious work programme to complete the implementation of Unitary Patent protection. At the outset, we identified four main workstreams: the legal framework, the financial framework, communication, and technical co-operation. By the end of June 2022 the Select Committee had completed its work programme and is now ready for the entry into operation of the Unitary Patent system."
Meanwhile, the European Commission is said to have approved the final version of the UPC Rules of Procedure on 8 July. While a copy of the approved text is yet to be published, we understand that controversial provisions relating to the publication of judgments have been amended to provide for open access as the default position, following protests from industry.
It seems that momentum is building towards the Administrative Committee's previously stated aim of bringing the new court into existence by early 2023. One of the main outstanding workstreams is the appointment of UPC judges, which we understand is now entering the final phase.
Our fully integrated, market leading European patent litigation team is ready to advise on all aspects of the practical and strategic issues which you should be considering in preparation for the UPC. For more on the UPC and the unitary patent, including opt-out considerations, see our dedicated UPC and UP Hub.
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