We are ready, are you? The ‘last steps’ towards the introduction of the Unitary Patent (UP) system were a recurring theme on the first day of the Unitary Patent Package Conference in Amsterdam. A  lot of experts and specialists who are closely involved in the creation of the UP and the Unified Patent Court (UPC)…

The European Commission has taken the first step towards creating a European Supplementary Protection Certificate (SPC). A Call for Tender for a ‘Study on the legal aspects of the supplementary protection certificates in EU’ was published last month. The deadline for the Call for Tender is 4 February 2016. After signing a contract, the study…

Finland became the ninth country to ratify the UPC Agreement when President Sauli Niinistö signed the law on its ratification on 8th of January 2016. The Parliament approved the ratification in December 2015, following the Judiciary Committee’s report on the 6th of November 2015 and the Constitutional Committee’s report on the 17th of November 2015,…

The procedure to select judges for the Unified Patent Court (UPC) will start within two months. An announcement and an online application form will be published on the UPC website at the end of February or beginning of March 2016 at the latest. The 2013 call for ‘expressions of interest’ in becoming a judge and…

In one of the most highly observed patent cases in Europe in 2015, Case C-170/13, Huawei vs ZTE, the Court of Justice of the European Union with judgment of 16 July 2015 provided valuable and long-awaited guidance on the antitrust/FRAND defense in cases of standard essential patents (SEPs). The decision at the same time raised…

Will Small and Medium Enterprises (SMEs) profit from the new Unitary Patent (UP) system and the Unified Patent Court (UPC)? Although it was certainly the idea, observers have disputed this and particularly warned that litigation under the new system exposes SMEs to enormous risks. There is now formal recognition they have a point: the European…

The creation of the Unified Patent Court (UPC) means that there will finally be a judiciary to control the very strong executive power of the European patent system, the European Patent Office, Jens Schovsbo, Professor at the Centre for Information and Innovation Law of the University of Copenhagen, told Kluwer IP Law in an interview. According…

Prompted by the upcoming Unitary Patent (UP) and Unified Patent Court (UPC), a group of European patent attorneys decided in 2013 to create the European Patent Litigators Association (EPLIT), ‘promoting fair patent litigation in Europe’. Kluwer IP Law spoke to its president, Koen Bijvank. ‘It is unpredictable how the market for patent litigation will change…