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On 18 May 2023, the Italian government confirmed that the third Central Division seat of the Unified Patent Court (UPC) will be hosted in Milan.
The statement issued by the Italian Ministry of Foreign Affairs and International Cooperation has said that the new seat will be operational within one year. However, with the UPC launch date approaching on 1 June 2023, Paris and Munich will initially share the caseload until Milan is operational, as confirmed by the UPC Presidium on 16 May 2023 (see our previous blog post). Read more
The new European Unified Patent Court (UPC) has been a long time coming – and now just a little bit longer with the two month delay recently announced. The new start date is 1 June 2023 with the sunrise period in which to pre-register opt-outs of European patents from the UPC's jurisdiction now starting on 1 March 2023.
Despite the short delay, businesses around the world must continue to consider their strategies for the UPC and, in particular, opt-out, ahead of the revised start date. Herbert Smith Freehills' Joint Global Head of Intellectual Property, Laura Orlando, recently spoke to Bloomberg Law to share her insights on what US lawyers should be considering in advance of its launch. Read more
Concerned about the new patent system planned for European patents starting in 2023? Watch Andrew Wells and Rachel Montagnon discuss how businesses can prepare for the UPC in this Practical Law video podcast (published 28 November 2022). Read more
Following the Unified Patent Court (UPC) Administrative Committee's appointment of 85 legal and technical judges last month, including the appointment of two legally qualified judges in the Milan local division, Herbert Smith Freehills' Joint Global Head of Intellectual Property Laura Orlando shares her insights with Managing IP on what this may mean for the UPC. Read more
Laura Orlando and Rachel Montagnon were in conversation with Adam Houldsworth of IAM recently, leading to their comments being published in the IAM article "Your guide to the UPC on day one". Access the article and their quotes here. Read more
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 … Read more
Laura Orlando's comments on reaching agreement on who has the right to seek or request opt-out or opt-in in relation to European patents and the up-coming UPC jurisdiction over them have been quoted by Managing Intellectual Property in an article of 16 June 2022: UPC special focus: Review licensing deals to avoid heartbreak, counsel warn. Read more
Laura Orlando and Rachel Montagnon have contributed to an article to BioSciences Law Review on the plans for "unitary" SPCs which can be read here
Laura is quoted in the article:
The variations in approach to grant seen across the EU mean that ... Read more