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Recent Articles

08 February 2022

Digital disputes and decentralised justice: the possible vs the practical in arbitration

In association with Lexology and GAR, Herbert Smith Freehills will be hosting a webinar on "Digital disputes and decentralised justice: the possible vs the practical in arbitration".
20 January 2022

UPC Structure – local, regional and central divisions

The UPC will have a Court of First Instance (divided into local, regional and central divisions) and a Court of Appeal (Luxembourg). Cases will 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 .
20 January 2022

UPC: Costs and Fees

Following a lengthy consultation, the Preparatory Committee for the Unified Patent Court (UPC) published its Rules on Court fees and recoverable costs ( the Rules ) along with Guidelines for the determination of value–based Court fees and the ceiling of recoverable costs of the successful party (...
20 January 2022

The Unified patent court and unitary patent – An introduction

After years of debate, Europe's new patent regime is gearing up for launch. We assess the biggest shake-up in the region's approach to IP for a generation
20 January 2022

The UPC and the UP: Impact on patent portfolios and licensing

Our article on the impact of the UP and the UPC on the management of patent applications, patent portfolios in general and licensing: " The New Unitary Patent Regime – Prepare and Protect your Portfolio " published in PLC Magazine is available as a pdf from this link and also on Practical Law .
20 January 2022

How to get a Unitary Patent

Enhanced cooperation under Regulation 1257/2012 of 17 December 2012 implementing enhanced cooperation in the area of unitary patent protection was used to establish the unitary patent (UP). Also termed the European patent with unitary effect, the UP will be a single patent right covering all the...
20 January 2022

UPC: Jurisdiction and "opt-out"

Once the Unified Patent Court (UPC) comes into effect, and after the transitional period of 7 years (at least), the court system will have exclusive jurisdiction over UPs and all EPs designated to participating EU Member States (unless these EPs have been opted out of its jurisdiction). The UPC...
20 January 2022

Landmark Australian class actions book launches third edition

Following a period of evolution in the class actions market, the highly practical third edition of Class Actions in Australia is now available. An essential guide for any legal practitioner involved in class actions, the book provides complete coverage of class action law in Australia.
20 January 2022

WHICH STATES ARE IN THE UPC & WHERE WILL A UP HAVE EFFECT?

26 EU Member States participated in the enhanced cooperation procedure to establish the unitary patent (including the UK which has now withdrawn). However unless these states have also ratified the Unified Patent Court Agreement (UPCA) then the unitary patent (UP) will not be effective in their...
20 January 2022

The UPC Rules

In April 2017, the UPC Preparatory Committee released an updated version of the 18 th draft of the UPC Rules of Procedure (with the amendments being dated 15 March 2017). There has been no further update since then. The UPC Preparatory Committee site states
19 January 2022

UPC latest news

The UPC is GO! Sufficient ratification of the Protocol on Provisional Application means the UPC is guaranteed to commence and final practical preparations can now be made for a start that could be as early as Autumn 2022
18 January 2022

Herbert Smith Freehills advises Chargeurs Museum Solutions on its acquisition of Event Communications

International leading law firm Herbert Smith Freehills has advised Chargeurs Musuem Solutions, international leader in museum services, on the finalisation of the acquisition of 100% of the capital of Event Communications Ltd, one of the global leaders in museum planning, design and delivery.
14 January 2022

Comply or Explain to climate-related reporting – A cross-industry roadmap

Climate reporting is a journey not a destination. But UK companies may be more prepared than they think.
13 January 2022

Global Bank Review: Digitisation and decarbonisation – A delicate balance

A new wave of potent digital tools promise to super-charge finance houses’ climate efforts. But there’s a catch.
12 January 2022

Global M&A Outlook 2022: FOMO overcomes FOGO

Our annual M&A review covers key trends like ESG, activist investors and security screening as the post-Covid rebound drives acquirers back to the party.