IEFBE 2413

EPLaw - Board Changes, Young EPLAW, Report on UPC Progress and Comparative Patent Litigation Practice

Uit het persbericht: UK – the parliamentary process is expected to be completed in the coming weeks, so that the ratification instrument could be lodged early next year. UK ratification will permit work to begin on amendments of the UPC Agreement and Rules of Procedure to accommodate the UK’s continuing role in the new system after Brexit.

Germany – a complaint is pending before the Constitutional court, halting the process of ratification. EPLAW has responded to a request from the Court to file submissions and has provided background context to the issues raised. Timing for conclusion of the proceedings is unknown. In the meantime, the start of the UPC / unitary patent system is delayed pending German ratification.

Hungary – A constitutional question has been raised by the Government for review prior to ratification.
Slovakia – Concerns have been raised recently about proceeding with ratification.

Provisional Application Period – After ratification by the UK and Germany, the sunrise periods for opt –outs can begin and process for recruitment of judges can continue. Detailed work continues on the Case Management and IT systems

Rules of Procedure – further revisions of the current draft are being developed to, address confidentiality provisions, amongst other matters.

Comparative Patent Litigation Practice
The Congress received reports on, and debated, a number of topics including:

  • Assessment of infringement and damages
  • Discretion on the grant of injunctions
  • Update on Standard Essential Patent / FRAND litigation in 2017