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The Unified Patent Court will start to accept cases on 1 June 2023 and the sunrise period for opt-out of European patents from the new court's jurisdiction will start on 1 March. Germany has today (17 February 2023) deposited its instrument of ratification of the Unified Patent Court Agreement (UPCA), the final ratification required to trigger the run-up period to the start of the UPC. The arrival of the UPC will mark a fundamental change in patent litigation in Europe, providing a one-stop-shop for resolution of patent disputes - with the possibility of pan-European injunction and damages awards but also of the revocation (loss) of patents across participating states in one action too Read more
Uses of machine learning and AI are expanding rapidly, and IP rights play a critical role in both regulating the use of AI and protecting the rights of inventors and creators. In this series, we will explore the key challenges governments worldwide are currently grappling with in order to provide the right level of protection … Read more
The UPC website has announced today that the start date for the sunrise period will be delayed until 1 March 2023 to allow users to prepare themselves for the strong authentication required to access the UPC's case management system (CMS) and to sign documents. Previously the sunrise period was due to start on 1 January 2023. This delay means that that start date for the UPC will also be pushed back by two months, to 1 June 2023 (rather than 1 April). The UPC site says that no further delay is anticipated. This June start date would require Germany to deposit its instrument of ratification of the UPC Agreement in February. 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
In this podcast series, Australian partners Rebekah Gay and Emma Iles explore a variety of topics, issues and areas of intellectual property law. In episode 17, Emma and Rebekah are joined by Julie Chiu, a Senior Associate in Herbert Smith Freehills’ London office, to discuss a number of lawsuits playing out in the United States … Read more
In this podcast series, Australian partners Rebekah Gay and Emma Iles explore a variety of topics, issues and areas of intellectual property law. In episode 16, Emma and Rebekah are joined by Andrew Wells from Herbert Smith Freehills’ London office to talk about the role of intellectual property rights in a rapid and fair renewable … 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
Following the Rules of Procedure of the new court coming into force in September, the UPC's Administrative Committee confirms timetable leading up to the start of the new court and availability of unitary patents and the opt-out sunrise period. Read more
