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Articles by Emmanuel Gougé
Specialist Chapter: First Months of UPC See Broad Sector Engagement and CMS Teething Problems
In summary The year 2023 signified a new era for patent litigation in Europe with the introduction of the new unitary patent (UP) and the Unified Patent Court (UPC) on 1 June 2023. The UPC aims to make patent litigation in Europe more streamlined and cost effective, and provide commercial certainty for businesses across all sectors. This article will review the establishment and first few months of the UPC.
US biotech wins preliminary patent injunction in UPC first
A US biotech company has been granted a preliminary injunction that prevents a competitor from selling products in 17 EU countries in a landmark ruling by the local division of the Unified Patent Court (UPC) in Munich.
Germany ratifies UPC Agreement ahead of 1 June 2023 court start date
Germany’s ratification was confirmed by the country’s Federal Ministry of Justice late last week. It means the UPC Agreement, one of the main treaties that underpins the proposed new patent court system, will enter into force on 1 June 2023, enabling the UPC and unitary patent framework to become operational from that date. The first day the court could sit is likely to be Monday 3 June.
A checklist for preparing for the Unified Patent Court (UPC)
All businesses are advised to review their patenting strategies to prepare for the new system. Existing European patents and pending European patent applications will automatically fall within the jurisdiction of the UPC, unless positive steps are taken to opt them out. Of course, one option is to do nothing, leaving all such patents in the UPC system. However, this strategy is not without risk.
Actions for businesses preparing for the UPC
The UPC, currently expected to become operational on 1 June 2023, is relevant to all businesses with patents in Europe, and those without patents who wish to enter new markets. It will radically change patent enforcement and defensive strategies, and will provide relief across a large territory. UPC decisions, including patent revocation, and relief including damages and injunctions, will have an effect across all participating member states in respect of a unitary patent.
Everything you need to know about the Unified Patent Court (UPC)
Here is everything you need to know about unitary patents, the UPC and how the new patent system will impact your business. ----------------------------------- The new patent regime in Europe Unitary patents The Unified Patent Court Where to bring a case Costs ----------------------------------- The new patent regime in Europe What is the new patent system in Europe?
UPC Rules of Procedure take effect
This means that an application to opt a patent out of the UPC must be made not just in respect of UPC contracting member states, but also in respect of all non-UPC states, i.e. other EU states such as Poland and Spain that are not participating in the UPC, and non-EU European Patent Convention (EPC) countries such as the UK, Switzerland and Turkey.
IAM Life Sciences: Key issues for senior life sciences executives 2022
Emmanuel Gougé, Marc Holtorf and Sarah Taylor Pinsent Masons 18 August 2022 Shutterstock\ALDECA studio The year ahead will see a major driver of change in the life sciences sector. Companies with operations in Europe will need to anticipate the new unitary patent (UP) and the Unified Patent Court (UPC), and shape their patent filing and litigation strategies in the face of this new system. The UPC is expected to become operational in early 2023.
How business can prepare for the Unified Patent Court
Artjazz / Shutterstock.com The new Unified Patent Court offers transformational opportunities for businesses in Europe. Emmanuel Gougé, Gina Bicknell and Sarah Taylor from Pinsent Masons explain what firms can do to prepare. The anticipated introduction of the unitary patent (UP) and Unified Patent Court (UPC), currently expected to take place in early 2023, will reshape the European patent landscape.
An introduction to the Unified Patent Court (UPC)
The UPC will provide a one-stop shop for patent litigation throughout a large part of Europe. Decisions will be made by local and regional divisions of the UPC based across Europe that sit under the umbrella of one centralised judicial framework. The anticipated introduction of the new system, currently expected to take place in early 2023, will impact European patent filing and enforcement strategies for businesses in all sectors.
Every business needs a patent litigation strategy for the UPC, say experts
Paris-based Emmanuel Gougé of Pinsent Masons said: “The current European patent system is a centralised filing and grant procedure for European patents that then split into national parts. That means that, when it comes to disputes in relation to infringement or revocation, parties have to litigate in each country separately. This leads to parallel proceedings, contradictory judgments and multiplication of legal costs.
UPC Administrative Committee holds inaugural meeting
Important preparatory steps that will enable the new Unified Patent Court (UPC) system to become operational were taken at an inaugural meeting of a committee responsible for the court’s administrative affairs earlier this week.
EU considers time limits for FRAND licensing negotiations
EU policymakers are considering putting time limits on the different stages of negotiations involved in agreeing licenses for standard-essential patents (SEPs). The European Commission has asked businesses for their views on whether fixing time limits would be desirable and, if so, what periods would be reasonable.
Unified Patent Court milestone reached as preparatory work begins
Final preparations to establish the Unified Patent Court (UPC) in Europe will ramp up in 2022 after an important legal treaty entered into force. It is now expected the new court system will become operational early next year.
Independent essentiality assessments for standard-essential patents endorsed
Businesses that want to make money from licensing out their standard-essential patents (SEPs) to others should be required to subject those patents to independent assessments of their 'essentiality', a group of experts established by the European Commission has said.
Recent ruling in France and EU study highlight tensions around 'off-label' use of drugs, says expert
'Off-label' use of drugs refers to the prescription of medicines by doctors for different treatments than those they were originally intended for. Within the EU, only France, Italy and Denmark specifically govern off-label use of drugs in national law, although off-label use of drugs is prevalent in other parts of the trading bloc. The European Commission recently published a study into the off-label use of medicinal products in the EU (193-page / 1.99MB PDF).
UK to ratify Unified Patent Court Agreement
The UK government announced it is "proceeding with preparations to ratify the Unified Patent Court Agreement" and that those preparations will now continue "over the coming months". To ratify the UPC Agreement, the UK must pass legislation to give recognition to the judicial framework which will underpin a new unitary patent system.
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