Insights: UPC Central Divisions: How Will Work Be Split Between Paris And Munich?

The Unified Patent Court (UPC) has a complicated Court structure, including a Court of First Instance made up of Central, Local and Regional Divisions. For first instance proceedings, whether an action is heard in the Central Division (and if so in which section) or a particular Local or Regional Division, will vary depending on the nature of the action, the identity of the parties, the location of the cause of action, and the subject matter of the patent. For example, the Central Division will hear all revocation actions.

The UPC was originally intended to have three Central Divisions, in London, Munich and Paris, with actions being allocated to a particular location based on the subject matter of the patent. For example, London was intended to handle cases in international patent classifications A (human necessities) and C (chemistry, including pharmaceuticals, and metallurgy). However, following Brexit, a Central Division in London was no longer a viable