UPC 업데이트

UPC 출범 1주년을 맞이하여 한국변리사협회에서 세미나 및 한국 신문과 인터뷰

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Comment on UPC Court Decision of May 6, 2024

Before the Paris Local Division, in a case where the defendant had forced an intervener into the proceedings pursuant to Rule 316A RoP (forced intervention), the intervener has obtained a period of one month for filing its Application to Intervene as well as for filing its Statement in Intervention. Contrary to Rule 316.2 RoP, which mentions a “further period” for filing the Statement in Intervention, the Court did not set any such further period.

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Comparison of opposition proceedings at the EPO and revocation actions at the UPC – advantages and disadvantages

Since the introduction of the Unified Patent Court (UPC) in June 2023, a new system for central attacking the validity of and thereby to nullify a European Patent has been introduced. If a European patent of concern is an EU Unitary Patent, or if a classically validated European patent was not opted out from the competence of the UPC, a central revocation action under the UPC now exists in parallel to an opposition before the European Patent Office (EPO). Therefore, the question arises: what are the pros and cons of challenging the validity either before the EPO or before the UPC? The present report provides some guidance and discusses the main advantages and disadvantages of each system – which eventually is a matter of strategic considerations whether and which advantage may prevail – be it costs, timing, speed of proceedings, and possibly other issues.

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The Unified Patent Court will start on June 1, 2023

Years of planning finally become reality: The official starting signal has now been given! Germany ratified the Agreement on a Unified Patent Court (UPC) on February 17, 2023.

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Adjustment of the timeline –The start of the Sunrise Period is postponed for two months till 1 March 2023.

The start of the Sunrise Period is postponed for two months. The initial roadmap foresaw 1 January 2023 as the beginning of the Sunrise Period with an entry into force of the UPCA on 1 April 2023. Although the general preparatory work of the UPC is on track, the decision was made that additional time may be given to allow future users to prepare themselves for the strong authentication which will be required to access the Case Management System (CMS) and to sign documents.

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