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ARTICLE · 07 DECEMBER 2018

How EU Patent Court Provides Security

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ON February 19, 2013, the Unified Patent Court (UPC) Agreement was signed by 25 member states of the EU, the first step in establishing a unified court for the settlement of disputes relating...

European UnionIntellectual Property
Ramona Livera
Ramona Livera
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ON February 19, 2013, the Unified Patent Court (UPC) Agreement was signed by 25 member states of the EU, the first step in establishing a unified court for the settlement of disputes relating to European patents whose term of protection has not expired and European patents with unitary effect.

To date, 16 contracting member states have ratified the UPC agreement including the United Kingdom who signed in April 2018, confirming that it will stay in Europe after Brexit for matters concerning patents and innovation. Other member states are expected to ratify the agreement once Germany ratifies it. It is hoped that Cyprus will follow suit.

To date, under EU Regulation 1215/2012, the national courts of member states have exclusive jurisdiction to decide on issues of infringement and validity of European patents. The UPC was established as a unitary court with exclusive jurisdiction to resolve disputes which concern validity or the infringement of European patents aiming

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