Courting consistency in the UPC?


This article was first published in Kluwer Patent Blog [May, 2024].

During the 12 months since the UPC first opened its doors for business, court users across Europe have been studying the decisions that have been emerging from the various divisions in order to understand the practical application of the Rules of Procedure and the approach of the various judges of the courts. This in turn is inevitably used to inform a client’s commercial strategy and ultimately to determine whether the UPC is the European court of choice. It is of course too early for a substantive decision on validity and infringement in the first cases filed, most cases taking at least 12 months to reach a hearing. Notwithstanding this, much has been made of the interim decisions issued to date, particularly in relation to issues such as transparency, access to documents and preliminary injunctions, only a few of which have proceeded to appeal.

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Liz Cohen


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