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01 June 2023
UPC Costs
The value of a case before the UPC will be determinative of court fees and the applicable ceilings for recoverable costs. The UPC Administrative Committee has published guidance on the determination of the value of a case before the UPC , alongside guidance on the scale of ceilings for recoverable...
01 June 2023
How to get a Unitary Patent
Also termed the European patent with unitary effect, the unitary patent (UP) is a single patent right covering all the states that have taken part in the enhanced cooperation procedure to create the right and fully ratified the UPC Agreement (UPCA). UPs are available now the UPC is operational to...
01 June 2023
UPC: Jurisdiction and opt-out
After the transitional period (of at least 7 years), as well as having exclusive jurisdiction over unitary patents, the UPC will have exclusive jurisdiction over all EPs designated to UPC participating EU Member States (unless these EPs have been opted out of its jurisdiction). The UPC will also...
01 June 2023
The UPC Rules
The final version of the Rules of Procedure of the Unified Patent Court (also available in French and German ) came into force on 1 September 2022. One of the most significant changes from earlier drafts was to opt-out procedures, as well as changes to restrict access to pleadings where previous...
01 June 2023
UPC Structure – local, regional and central divisions and Court of Appeal
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 .
01 June 2023
UPC: Mediation and Arbitration
The Patent Mediation and Arbitration Centre (PMAC) forms part of the Unified Patent Court (UPC). Its rules of operation are available here . It operates independently, but carries out its tasks in close contact and cooperation with the committees/bodies of the UPC which will have to take decisions...
26 May 2023
It’s who you know: a reminder on the importance of ‘association’
We review the concept of ‘association’ and practical considerations in light of the Panel’s recent declaration of unacceptable circumstances regarding various undisclosed associations in relation to the affairs of The Market Herald Limited (ASX: TMH).
26 May 2023
Australian Modern Slavery Act to move into a new phase?
On 24 May 2023, the Australian Government tabled a report outlining recommendations for reform of the Modern Slavery Act 2018 (Cth) ( Act ). The report is the output of a statutory review of the Act by Professor John McMillan AO, which sought public consultation on the effectiveness of the first...