The German Constitutional Court docket 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 Court docket (UPC). After overcoming many hurdles, any smart commentator might 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 significantly related for firms from the life sciences sector that are likely 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 be capable to transfer from 5 parallel circumstances to at least one. Nevertheless, the brand new system additionally comes with disadvantages equivalent to pan-European invalidation proceedings. No one can predict the standard of judgments issued by the long run court docket. For homeowners of European patents who’re involved about shedding their IP rights, now’s the time to establish the crown jewels and to make an knowledgeable resolution about opting out.
To learn extra in regards to the new provisions to PatG please learn the consumer alert written by Dr. Anette Gärtner and Dr. Alexander R. Klett.
