Tuesday, May 30, 2023

Unified Patent Court Agreement Enters into Force This Week

On Thursday, June 1, to be precise.  So far, 17 EU members have ratified the agreement. Seven others (Cyprus, the Czech Republic, Greece, Hungary, Ireland, Romania, and Slovakia) are signatories but haven't yet ratified it.  This day has been a long time coming, and I hopeful that the court will prove to be a great success. 

The remedies provisions of the UPCA, articles 59-69, include as one would expect provisions on injunctions (permanent and provisional), corrective measures, and damages.  They are similar, though not identical in every respect, to the provisions found in the Intellectual Property Rights Directive.  In this regard, I published a post in March titled Some Resources on Damages in the UPC, which included a JUVE Patent article titled UPC: How are damages dealt with; an OxFirst article titled Considering Patent Infringement Damages Calculations under the Unified Patent Court and a very good OxFirst webinar titled Legal underpinnings of patent damage calculations in Germany, featuring Dietrich Kamlah; and what I described as "a brief discussion of damages under the UPC in Paul England's book A Practitioner's Guide to European Patent Law:  For National Practice and the Unified Patent Court (2d ed. 2022), at pp. 235-36."  I also noted that Dr. England had recently published another book titled A Practitioner's Guide to the Unified Patent Court and Unitary Patent, which I did not yet have a copy of but now do; it has an extensive discussion of remedies available from the UPC at pp. 155-160, and in chapters 15, 16, and (especially) 18.  Also relevant is chapter 12, which discusses declarations of noninfringement.  (Of course, it may be a while before any of these provisions, other than perhaps the ones on orders to produce evidence and inspect premises, freezing orders, and provisional and protective orders get used.)  I should also note that Pierre Véron has a webpage titled Unified Patent Court Document Repository, which you might want to bookmark for its handy links to the Unitary Patent Regulations, the UPCA, and other relevant documents.

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