UPC Structure – local, regional and central divisions and Court of Appeal, Judges & Languages

The UPC has a Court of First Instance (divided into local, regional and central divisions) and a Court of Appeal (Luxembourg). Cases can commence in any one of these divisions according to the subject matter and the prescribed division set out in the UPC Agreement and the UPC Rules.

The UPC has a Court of First Instance (divided into local, regional and central divisions) and a Court of Appeal (Luxembourg). Cases can commence in any one of these divisions according to the subject matter and the prescribed division set out in the UPC Agreement and the UPC Rules.

Central Division

The main seat of the central division is Paris with further seats in Munich and Milan (previously this was to have been a London seat until the UK's withdrawal from the UPC system). 

The work of the central division is divided according to the subject matter of the patent in dispute based on IPC classifications.

• Milan: Under the UPC Agreement (UPCA) London had originally been assigned one of the central division seats and was to have been assigned cases on patents involving human necessities (A) and pharmaceuticals/chemistry including genetic engineering and metallurgy (International Patent Classification of WIPO sections (A) and (C)). However, once London left the UPCA, these needed to be reassigned and a third seat reallocated. This third seat has now been formally allocated to Milan, following the amendment of the UPCA (see here). Milan will handle cases involving patent in IPC class (A), but not those involving supplementary protection certificates (SPCs) which will be dealt with by Paris. Due to the late allocation of this seat to Milan (not agreed until 26 June 2023), the seat is not yet established but is expected to be ready within 12 months (so before June 2024). In the meantime, Paris will handle all IPC (A) cases. 
• Munich: The Munich seat of the central division, which had already been allocated cases involving patents in IPC class F (concerning mechanical engineering, lighting, heating, weapons and blasting), was also designated as handling patents in IPC class (C) – some pharmaceuticals including patents relating to peptides and nucleic acids and also genetic engineering – in the announcement of 26 June (above).
• Paris: The 26 June announcement confirmed that the Paris seat of the central division will hear all cases involving patents in IPC sections (B), (D), (E), (G) and (H), as well as all cases involving patent in classes (A) or (C) with SPCs – and, while the Milan court readies itself, all matters involving patents in class (A) more generally.  

Local and regional divisions

The UPC website has a page confirming the location of the various local and regional divisions of the Unified Patent Court (UPC) (see here).  Whilst all other participating states have one local court (or participate in the Nordic-Baltic regional division), Germany has four local division courts - Dusseldorf, Hamburg, Mannheim and Munich.

Under the UPC Agreement, Court of First Instance courts like these in states where there are on average more than 50 patent cases a year under current national patent litigation proceedings have a judicial panel of three legally qualified judges, two of whom are local nationals of that state (or of those states in the case of the regional division), plus one technically qualified judge. 

• Vienna, Austria - Mr Walter Schober (AT)
• Brussels, Belgium - Mr Samuel Granata (BE)
• Copenhagen, Denmark – Mr Peter Agergaard (DK)
• Helsinki, Finland – Mr Petri Rinkinen (FI)
• Paris, France – Ms Carine Gillet (FR), Ms Camille Lignieres (FR)
• Düsseldorf, Germany – Ms Bérénice Thom (DE) Mr Ronny Thomas (DE)
• Hamburg, Germany – Ms Sabine Klepsch (DE), Mr Stefan Schilling (DE)
• Mannheim, Germany – Mr Holger Kircher (DE), Mr Peter Michael Tochtermann (DE)
• Munich, Germany – Mr Tobias Pichlmaier (DE), Mr Matthias Zigann (DE)
• Milan, Italy – Mr Pierluigi Perrotti (IT), Ms Alima Zana (IT)
• Lisbon, Portugal – Ms Rute Lopes (PT)
• Ljubljana, Slovenia – Ms Mojca Mlakar (SI)
• The Hague, The Netherlands – Mr Edger Brinkman (NL), Ms Margot Kokke (NL)

• Nordic-Baltic Regional Division (EE, LT, LV, SE) - Ms Kai Härmand (EE), Mr Stefan Johansson (SE)

Court of appeal judges and presidium

• Mr Klaus Grabinski (DE) President of the Court of Appeal
• Ms Françoise Barutel (FR)
• Mr Peter Blok (NL)
• Ms Emanuela Germano (IT)
• Ms Rian Kalden (NL)
• Ms Patricia Rombach (DE)
• Ms Ingeborg Simonsson (SE)