The Current Status of the Unitary Patent Package

Similar documents
The German constitutional challenge

The Current Status of the European Patent Package

The Unitary Patent & The Unified Patent Court IP Key & Centre for Commercial Law Studies, Queen Mary University of London 8 November 2016

The Unitary Patent and the Unified Patent Court EPLAW European Patent Lawyers Association Brussels 2 December 2011

The Rules of Procedure for the opt-out

The EU Unitary Patent System in its current state. EU-Japan Policy Seminar 22 November 2016

PATENT SYSTEM STATUS OFREFORMS

Patent litigation in Europe Major changes to come. Anne-Charlotte Le Bihan, Partner, Bird & Bird ABPI, Rio de Janeiro August 20, 2013

IP IN A POST-BREXIT EUROPE ENSURING YOUR EUROPEAN IP RIGHTS ARE PROTECTED DATE: 10 NOVEMBER 2016 PRESENTERS: CHRIS FINN, BEN GRAU AND GRAHAM MURNANE

Uniform protection and rights conferred: towards a limited unitary effect?

Unitary Patent in Europe & Unified Patent Court (UPC)

The Unitary Patent and the Unified Patent Court. Dr. Leonard Werner-Jones

UNIFIED PATENT COURT (UPC) Einheitliches Patentgericht (EPG) Juridiction Unifiée du Brevet (JUB)

Dr Julian M. Potter February 2014

THE NEW EU PATENT: COST-EFFECTIVE ALTERNATIVES FOR YOUR BUSINESS

Unitary Patent and Unified Patent Court

French case law on the consequences of the revocation of a patent on the payment of royalties by the licensee and of damages by the infringer

The European Patent and the UPC

Europe-wide patent protection and the competence of the Unified Patent Court

PROPOSALS FOR CREATING UNITARY PATENT PROTECTION IN THE EUROPEAN UNION

PATENT SYSTEM STATUS OF REFORMS

UPC FUTURE OF PATENT LITIGATION IN EUROPE. Alexander Haertel

European Patent with Unitary Effect

The Unitary Patent Unified Patent Court. Taylor Wessing LLP

Patent reform package - Frequently Asked Questions

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

Patent litigation. Block 2. Module Jurisdiction and procedure Complementary reading: Unified Patent Court Agreement ( UPCA )

Unitary patent and Unified Patent Court: the proposed framework

UNIFIED PATENT SYSTEM: A NEW OPPORTUNITY FOR INTELLECTUAL PROPERTY IN EUROPE

Patent Protection: Europe

Unitary Patent Guide. Obtaining, maintaining and managing Unitary Patents

Dehns Guide to the Unitary Patent and Unified Patent Court

Patent litigation. Block 3. Module UPC Law Essentials

Unitary Patent and Unified Patent Court

UNITARY PATENT PROTECTION (UPP) PACKAGE

PUBLIC LIMITE EN COUNCIL OF THE EUROPEAN UNION. Brussels, 1 December /11 LIMITE PI 170 COUR 72 NOTE

European Patent Law. Gwilym Roberts Daniel Brook

COUNCIL OF THE EUROPEAN UNION. Brussels, 27 September /12 PI 113 COUR 66 WORKING DOCUMENT

The potential impact of Brexit on the European Patenting landscape

13345/14 BB/ab 1 DG G3

9107/15 TB/at 1 DG G 3 B

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

Judicial training in the framework of the Unified Patent Court as a prerequisite for the success of the Unitary Patent System

European Unitary Patents and the Unified Patent Court

Olivier MANDEL, Partner, MANDEL & ASSOCIES Law firm

UPC Alert. March 2014 SPEED READ

BIO-EUROPE Anticipated changes to European Patent Law. Ingwer Koch Director Patent Law European Patent Office. 12 November 2007, Hamburg

Unitary Patent Procedure before the EPO

THE NEW EUROPEAN UNIFIED PATENT COURT & THE UNITARY PATENT

Unified Patent Court & Rules of Procedure Where do we stand

European Patent with Unitary Effect and

The Unified Patent Court explained in detail. Managing Intellectual Property European Patent Reform Forum 19 September 2013 Munich

Standing Committee on. Unitary Patent / Unified Patent Court

IS 2016 THE FINAL STRETCH BEFORE THE ENTRY IN FORCE OF

European Parliament Flash Eurobarometer FIRST RESULTS Focus on EE19 Lead Candidate Process and EP Media Recall

ID number. ID number. IR No

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE

SFIR / AIPPI 31 August Amendment of patent claims in France. Partial revocation of a claim by Court (only possibility until January 1, 2009)

The Progress to Date with the Unitary European Patent and the Unified Patent Court for Europe

The Unitary Patent & Unified Patent Court

Table on the ratification process of amendment of art. 136 TFEU, ESM Treaty and Fiscal Compact 1 Foreword

the UPC will have jurisdiction over certain European patents (see box The unitary patent and the UPC: a recap ).

Substantive patent law harmonization: focus on grace period

pct2ep.com the reliable and efficient way to progress your PCT patent application in Europe Pocket Guide to European Patents

CROSS-BORDER PATENT DISPUTES: UPC OR ARBITRATION

No. prev. doc.: 15819/13 PI 159 European Patent with Unitary Effect and Unified Patent Court - Information by the Presidency

Our Speakers: Rudy I. Kratz Partner; Fitch, Even, Tabin & Flannery LLP. Tony Wray Director and Founder; Optimus Patents Ltd.

III Decision-making in the ESS - the decision-making phase

The Unitary Patent Package State of Play

A Guide through Europe s New Unified Patent System

Unified Patent Court Update: 12 February 2016

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

The Unitary Patent & Unified Patent Court. Guide to Key Features & Perspectives

The European Unitary Patent System

ADDENDUM TO THE RULES OF COURT

Unitary Patent Protection, Unified Patent Court, Supplementary Protection Certificate and Brexit

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

V. Decision-making in Brussels The negotiation and decision phase: ordinary legislative procedure, Council Working Groups etc.

Flash Eurobarometer 431. Report. Electoral Rights

List of topics for papers

EUROPEAN UNION APPLICATION FOR ACTION

Preparatory Committee for the Unified Patent Court. Rules on Court fees and recoverable costs. I. Proposal for

Biometric data in large IT borders, immigration and asylum databases - fundamental rights concerns

Draft agreement on a Unified Patent Court and draft Statute - Revised Presidency text

EU, December Without Prejudice

Implementing the Patent Package Second progress report. 1. State of implementation of the EU regulations N 1257/2012 and 1260/2012

Practical steps of the ratification, acceptance, approval or accession processes and notifications under the Minamata Convention 06/2015

The EU Green Paper on Detention

Euro area unemployment rate at 9.9% EU27 at 9.4%

IP in a World of Change: Europe and Brexit; United States and its exit from the TPP: Where does IP Protection come in?

EUROPEAN AGREEMENT CONCERNING THE INTERNATIONAL CARRIAGE OF DANGEROUS GOODS BY ROAD (ADR) Article 1

Unified Patent Court. Breakfast Seminar Taylor Wessing, London. James Marshall, Dietrich Kamlah and Chris Thornham 10 April 2013, Wednesday

Effect of Brexit on IP protection

Patent Infringement Damages in France

Preliminary set of provisions for the Rules of procedure of the Unified Patent Court

COMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a COUNCIL DECISION

Fordham IP Conference 4-5 April 2013 Remedies session Laëtitia Bénard Cross-border injunctions for registered IP rights in Europe

September 2012 Euro area unemployment rate at 11.6% EU27 at 10.6%

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

Brussels, 30 January 2014 COUNCIL OF THE EUROPEAN UNION 5870/14. Dossier interinstitutionnel: 2013/0268 (COD) JUSTCIV 17 PI 11 CODEC 225

Transcription:

The Current Status of the Unitary Patent Package Pierre Véron Honorary President EPLAW (European Patent Lawyers Association) Member of the Expert Panel group of the Unified Patent Court Member of the Drafting Committee of the Rules of Procedure Paris Lyon 1 Contents Legal sources The last months and the next twelve UK referendum Ratifications Preparatory Committee & Protocol on provisional application Divisions & locations of the Court, IT system The aftermath of the UK referendum of 23 June 2016 The UK is still a EU Member State for several months or years UK may ratify the UPC Agreement notwithstanding the Brexit notification Legal questions and political uncertainties Prepare for entry into force 2 1

Legal sources subject to legal scrubbing! 17 December 2012 Regulation 1257/2012 enhanced cooperation in the creation of unitary patent protection 17 December 2012 Regulation 1260/2012 (translation arrangements) 19 February 2013 Agreement on a Unified Patent Court and draft Statute 19 October 2015 (15 March 2017) Draft Rules of Procedure Unified Patent Court (V18) https://www.unified-patentcourt.org/sites/default/files/upc_rules_of_procedure _18th_draft_15_march_2017_final_clear.pdf http://www.upc.documents.eu.com/pdfs/2015-10-19_agreement_upc_de-en- FR_and_Rules_Procedure_UPC_DE-EN- FR_Draft_18.pdf 3 Signature of the Unitary Patent Regulations on 17 December 2012 by the Presidents of the Council and of the European Parliament 4 2

Signature of the Unified Patent Court Agreement on 19 February 2013 by the representatives of 25 Contracting Member States 5 The main publicly available documents can be found on www.upc.documents.eu.com 6 3

UPC s FAQ https://www.unified-patent-court.org/faq 7 The last months * * https://secure.unified-patent-court.org/login 8 4

Ratifications Entering into force when 13 Contracting States including the three Member States in which the highest number of European patents had effect in the year preceding the year in which the signature of the Agreement takes place (= 2012), i.e. DE, FR and UK have ratified 12 ratifications so far (chronological order): AT, FR, SE, BE, DK, MT, LU, PT, FI, BG, NL and IT 2 ratifications still needed : DE and UK 9 Ratifications 12 ratifications so far (chronological order): AT, FR, SE, BE, DK, MT, LU, PT, FI, BG, NL and IT 10 5

The Preparatory Committee Composed of all the Contracting Member States of the Unified Patent Court Agreement www.unified-patent-court.org 5 major work streams Legal framework Financial aspects IT Facilities Human resources & Training 11 1 October 2015 Protocol for the provisional application of the UPCA The protocol for the provisional application of the Unified Patent Court Agreement allows for the provisional application of the institutional, organisational and financial provisions of the UPCA and Statute during a period of approximately six months before the UPCA enters into force. This will allow all legal texts and all decisions and appointments to be adopted in accordance with the relevant procedures. www.upc.documents.eu.com/pdfs/2015-10-01_protocol_provisional_application_agreement_unified_patent_court.pdf 12 6

The Court of appeal (Luxembourg) Luxembourg Hemicycle Kirchberg 13 Article 7 and Annex II The Court of first instance: central division s seat and sections 14 7

Court of First Instance? London Aldgate Tower (City) Paris Palais de Justice Munich Bundespatentgericht https://www.unified-patent-court.org/locations 15 16 8

IT System Unified Patent Court Case Management System is ready and can be tested https://secure.unified-patent-court.org/login Case Management System mailing list http://unified-patent-court.us9.list-manage.com/subscribe?u=ce522772fa2293932d95a6e0f&id=a1f94756ea 17 The next 12 months (tentative) https://www.unified-patent-court.org/news/final-preparatory-committee-signals-state-readiness-15-march-2017 18 9

The aftermath of the UK referendum of 23 June 2016 (contents) The UK is still a EU Member State for several months or years UK may ratify the UPC Agreement notwithstanding the Brexit notification Legal questions and political uncertainties 19 EU law background The UK is still a EU Member State for several months or years The 23 June 2016 referendum on Brexit had no legal effect in itself Only the formal notification in accordance with Art. 50 Lisbon Treaty on 29 March 2017 triggered the process by which the UK will withdraw from the EU the UK remains in the Union until the date of entry into force of the withdrawal agreement or, failing that, two years after the notification 20 10

Referendum and UPC Agreement On 28 November 2016, the UK government announced its intention to ratify the UPC notwithstanding the referendum result to leave the EU This announcement is a major step towards the entry into operation of the UPC Some people, however, voice concern that the UK position (inside the UPC, but outside the EU) may raise legal questions 21 Influence of a possible Brexit on the UPC Agreement UPC Agreement refers only to EU Member States (Art. 2, Art. 84): a non-eu Member State could not accede the Agreement UPC Agreement does not envisage the withdrawal from the EU of a EU Member State thereby becoming a non-eu Member State UPC Agreement does not envisage either the withdrawal of a Member State (nothing like Art. 50 Lisbon Treaty in the UPC Agreement) 22 11

Legal questions Assuming the UPC Agreement enters into force and assuming UK withdrawal from the EU become effective, would such withdrawal make the UPC incompatible with EU law? In other words: is it possible that a State which was a EU Member State when the UPC Agreement entered into force remain in the UPC system after its withdrawal from the EU? 23 Optimistic interpretation of the CJEU s legal opinion 1-09 of 3 March 2011 The CJEU s legal opinion does not exclude the participation of non-eu Member States A court common to a number of Member States, situated, consequently, within the judicial system of the European Union may also be a court common to EU and non-eu Member States without violating EU law as long as the UPC Agreement provides that the Contracting Member States are jointly and severally liable for damage resulting from an infringement of Union law by the Court of Appeal 24 12

Prepare for entry into force Before entry into force Transitional period After entry into force 25 Prepare before entry into force National patent? Classical EP bundle patent? Unitary patent? Both (national + EP)? Language of filing? Order of applicants in the patent application? Review collaboration or joint research agreements Review co-ownership and licence agreements 26 13

Prepare for transitional period To opt out or to stay in? If no opt-out, concurrent jurisdiction of UPC and national courts (claimant s choice) Applicable law may be different before the UPC and before national courts? Time matters: UPC has only jurisdiction for infringement facts subsequent to the entry into force of the Agreement 27 Prepare for entry into force Superfast proceedings Fully electronic proceedings All statements and documents immediately available to the public unless specific request 28 14

Pierre Véron Thank you 1, rue Volney 75002 Paris Tel. +33 (0)1 47 03 62 62 Fax +33 (0)1 47 03 62 69 105, rue Président Édouard Herriot 69002 Lyon Tel. +33 (0)4 72 69 39 39 Fax +33 (0)4 72 69 39 49 pierre.veron@veron.com www.veron.com 15