The German Constitutional Courtroom issued a landmark resolution with implications for a lot of firms doing enterprise in Europe on July 9, 2021. For many years, the European Fee and EU member states strived to create a pan-European Unified Patent Courtroom (UPC). After overcoming many hurdles, any smart commentator shall be cautious in making statements about the way forward for the UPC. That mentioned, for the primary time in years it now seems that the pan-European patent litigation system could lastly come into being. That is notably related for firms from the life sciences sector that are inclined to implement their blockbuster patents in parallel proceedings in essentially the most related jurisdictions. The brand new system and the provision of pan-European injunctions implies that claimants will have the ability to transfer from 5 parallel instances to 1. Nevertheless, the brand new system additionally comes with disadvantages equivalent to pan-European invalidation proceedings. No person can predict the standard of judgments issued by the long run courtroom. For homeowners of European patents who’re involved about shedding their IP rights, now could be the time to determine the crown jewels and to make an knowledgeable resolution about opting out.

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