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ARTICLE · 18 NOVEMBER 2014

Spain’s Latest Challenges To The UPC Dismissed

Carpmaels & Ransford LLP
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There was good news today for the Unitary Patent system. The AG’s opinion stated that Spain’s latest challenges to the UPC are unfounded, that the legal basis for the disputed regulations are valid, affirmed the role of the EPO in the new Unitary Patent system and backed the use of a limited number of languages for the new Unitary Patents.

United KingdomIntellectual Property
Henrietta Rooney
Henrietta Rooney
Ian Kirby
Ian Kirby

There was good news today for the Unitary Patent system. The AG's opinion stated that Spain's latest challenges to the UPC are unfounded, that the legal basis for the disputed regulations are valid, affirmed the role of the EPO in the new Unitary Patent system and backed the use of a limited number of languages for the new Unitary Patents. The CJEU is likely to follow the AG's Opinion (although is not bound to do so), and implementation of the Unitary Patent package will continue to progress towards a 2016/17 launch.

The Advocate General's Opinion on Spain's second challenge to the UPC, originally expected on 21st October, has been finally issued after a significant delay. The AG recommended that Spain's actions against the European Regulations implementing enhanced cooperation in the area of the creation of unitary patent protection must be dismissed. In his Opinion, the unitary protection conferred by the disputed Regulations provides a genuine benefit in terms of

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