• Gottfried Schüll

UPC - First Lessons Learned and a Glimpse of the Future

The UPC is off to a successful start: Since June 1, 2023, the local chambers have already taken a number of noteworthy decisions. These provide a glimpse into the future functioning of the new EU patent court.

It is gratifying that the local chambers generally process the applications received in a timely manner. The German local chamber at its seat in Düsseldorf has been particularly active in this respect: it ordered an injunction on the same day in response to an application for preliminary injunctions filed on September 22, 2023. A protective letter from the defendant was available in these proceedings. The local board of the UPC in Helsinki dismissed an application for a preliminary injunction filed on July 14, 2023, on July 17, 2023. And finally, in response to applications for preliminary injunctions filed on June 1, 2023, the Munich local chamber also ordered injunctions on September 19, 2023.

As there is no case law yet due to the new formation of the UPC, all proceedings are expected to go to the UPC Court of Appeal in Luxembourg. These proceedings will provide further insight into future legal developments. It will be interesting to see how the affirmation rates of the local chambers by the appellate court develop. In the past, the German courts, and in particular the Düsseldorf court location, have been characterized by a high affirmation rate on appeal in patent cases.

We are monitoring the legal development very closely and are confident that the UPC will develop into a further and probably - in the sense of the legislator - ultimately also the most important instance for the enforcement of patent rights in Europe. We will continue to update you.

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