On 1st June, the Unified Patent Court celebrated its first anniversary. The next big step in its development will take place on 26th June 2024, when the third seat of the central division will finally be opened in Milan, joining those in Paris and Munich.
The new seat will have jurisdiction for disputes concerning patents in Section A of the International Patent Classification (IPC). This section covers 'human necessities', excluding Supplementary Protection Certificates (SPCs), and includes pharmaceuticals, plant protection products, agri-food and fashion. The other cases will remain in the Paris and Munich seats.
Furthermore, at the end of May, the UPC announced the appointment of Andrea Postiglione, Anna-Lena Klein and Marije Knijff as judges of the central division in Milan. The judges come from Italy, Germany and the Netherlands respectively.
The formal opening ceremony will take place on 1st July 2024.
Since its establishment, the UPC has had jurisdiction to settle disputes relating to:
- European 'classic' patents and European patents with unitary effect,
- supplementary protection certificates (SPCs) based on a 'classic' European patent or a European patent with unitary effect,
- European patent applications.
The new Court has its own rules of procedure to rule on the validity and infringement of European patents.
The UPC has jurisdiction over actions relating to:
- patent infringements or supplementary protection certificates,
- invalidity claims for patents and supplementary protection certificates,
- claims for precautionary measures and damages.
Jacobacci & Partners is committed to supporting its clients within the context of the Unified Patent Court, offering specialized consultancy to confidently assist them in managing procedures through a dedicated team of professionals.
For more information on the Unified Patent Court and the Unitary Patent, also read the following articles:
