Start date for UPC postponed to 1 June 2023 and sunrise period for opt-out to 1 March 2023

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

HSF comments for JUVE Patent on UPC judges list announcement

On 19 October 2022, the Unified Patent Court (UPC) Administrative Committee announced the appointment of 85 legal and technical judges, ready for when the UPC Agreement comes into force, likely in Spring 2023 (1 April 2023 as per the latest announcement from the UPC Administrative Committee). Milan-based Joint Global Head of Intellectual Property, Laura Orlando, discusses the latest announcement with Amy Sandys at JUVE Patent in the article UPC divisions demonstrate clout with choice of experienced legal judges. Read more

HSF comments for IAM on The UPC on Day 1

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

The UPC Rules of Procedure are now in force

The UPC Committee has issued a consolidated version of the UPC Rules of Procedure following the approval of final changes to the 18th draft in July. These Rules are now in force as of 1 September 2022. Consolidated versions of the Rules are also available in French and German. Read more

The IP in NFTs – Strategies for protecting your brands and products in the metaverse

The creation ("minting") and sale and use of NFTs raises many IP issues which we have discussed in our previous posts in our IP in NFTs series. However, brand owners and product manufacturers must also be vigilant in monitoring the virtual marketplaces to ensure that third parties are not creating NFTs that infringe their own IP rights.  This is especially true where the company is considering releasing or has released NFTs, because the public will begin to associate the brand with NFTs (which could include infringing NFTs).  There are several strategies that companies could adopt to minimise this risk. Read more