We recently discussed under which circumstances it might be advisable to declare an opt-out for existing European patents. However, there may be also good reasons not to declare an opt-out for your existing European patents....more
The option to "opt-out" from the new UPC system gives patent owners the opportunity to declare, according to Art. 83(3) UPCA, that the UPC shall not have competence for litigations concerning a European patent. If an...more
11/8/2022
/ EU ,
European Patent Office ,
Intellectual Property Protection ,
Member State ,
Opt-Outs ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Oppositions ,
Patents ,
Revocation ,
Unified Patent Court
Last night the Unified Patent Court (UPC) published its long-awaited list of judge appointments for the new court system. The list does not only include the names of the judges of all first instance local and central...more
With the introduction of the European Patent with unitary effect (Unitary Patent) and the Unified Patent Court (UPC), the question arises whether the use of this new system makes economic sense for patent owners. Patent...more
The new Unified Patent Court (UPC) has been established by virtue of the Agreement on a Unified Patent Court (the "UPCA"). The UPC will be a court of all participating EU Member States, which will have exclusive competence to...more
Businesses are increasingly turning to trade secrets as a mechanism to protect their innovations and know-how. In some cases, trade secrets offer an attractive alternative to patent protection. Companies also recognize the...more
2/19/2020
/ Administrative Proceedings ,
Asia ,
Competition ,
Confidential Information ,
Criminal Penalties ,
Criminal Sanctions ,
EU ,
Foreign Investment ,
Infringement ,
Intellectual Property Protection ,
Misappropriation ,
Penalties ,
Trade Secrets ,
UK Brexit ,
Unfair Competition ,
United States-Mexico-Canada Agreement (USMCA)
After the British government gave the go-ahead for the UPC system to enter into force in November 2016 by announcing that – despite Brexit – they intend to ratify the Agreement on the Unified Patent Court (UPCA), the...more