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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 Key Documents – legislation and guidance

A collection of easy links to the key pieces of legislation and rules governing the Unified Patent Court and unitary patent:
01 June 2023

UPC Court Fees

The Administrative Committee of the UPC has issued a Table of Court fees document (8 July 2022; in force 1 September 2022).
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...
01 June 2023

The Unified patent court and unitary patent – An introduction

The Unified Patent Court and unitary patent are now a reality as of 1 June 2023.
01 June 2023


For information on the impact of the UP and the UPC on the management of patent applications, patent portfolios in general and licensing see our two part series of feature articles in PLC Magazine:
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

Regime change – France to usher in new era for class actions

Legislation aims to simplify and harmonise the country's fragmented class actions framework
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...
31 May 2023

Techquake: At the gates – How to survive the era of cyber security

From ransomware to electronic warfare, the digital world has grown perilous. Our latest TechQuake instalment explores the risks facing boardrooms.
26 May 2023

The purchaser who hesitates is lost: court rules on claims regimes under a sale agreement and the Australian Consumer Law

The Federal Court has recently released a decision in Optic Security Australia 2 Pty Limited v YC Investments (NT) Pty Ltd regarding claims made by a buyer for breach of contractual warranties and statutory misleading or deceptive conduct in the context of a sale of a business.
26 May 2023

Taking stock: pre-deal exclusivity trends since the Takeovers Panel’s consultation on deal protection arrangements at the non-binding bid stage

The Takeovers Panel has begun consultation to revise its guidance on deal protection granted at the non-binding bid stage, and companies have already started following pre-deal exclusivity and deal protection arrangements since the Panel's consultation paper was released.
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).