UPC-series: Fives vs. Reel case: Competence of the UPC for damages

By Rainer Schultes | January 31st, 2024 |

The jurisdiction of the UPC is a hot topic on damages, given that for the following 7 years the sunrise -transitional- period to opt-out will be still in force. The matter concerns the Fives vs. Reel case (UPC_CFI_559935/2023) and Article 32 UPCA.

The Applicant requested before the UPC Local Division […]

UPC-series: Stay or not to stay – this is the question

By Rainer Schultes | January 30th, 2024 |

While structuring the UPCA, Member States agreed on the existence of parallel proceedings before the EPO and the UPC. Furthermore, Article 33(10) UPCA indicates that in case of anticipation for a rapid decision on behalf of the EPO, the UPC may stay its proceedings. The word “rapid” used in […]

Austrian Supreme Court on the allocation of the burden of proof in the case of trade mark exhaustion in a selective distribution system

By Constantin Kletzer | January 16th, 2024 |

1. A submission of evidence by the trade mark proprietor that the trade mark goods were first put on the market outside the EEA does not shift the burden of proof due to renunciation.

2. The dispatch of trade mark goods by the trade mark proprietor in accordance with Incoterms […]

UPC-series: The veil of secrecy over filed documents

By Constantin Kletzer | January 9th, 2024 |

It is usually said that the public character of a Court’s proceedings enforces the sense of justice and serves the principle of transparency. While the EPO publicizes all its files and everyone can have access to these documents with minor restrictions, on the other hand the UPC restricts the […]

UPC-series: UPC is getting popular in the life sciences sector

By Rainer Schultes | January 8th, 2024 |

Even from the early days of the UPC’s operation, it is obvious that the life sciences sector is taking the lead on patent litigation. As of the day of writing, a big number of actions submitted before the UPC derive from the medical technology sector (15 actions). This is […]

UPC-series: The technically qualified judges of the UPC

By Alexander Schnider | January 6th, 2024 |

The UPC functions with 105 in total perfectly qualified judges, with great expertise in patents. 37 of them are legally qualified judges and the remaining 68 are technically qualified judges. All the judges are nationals of the Contracting Member States and speak at least one official language of the […]

UPC-series: First disagreement within the UPC on its RoP

By Rainer Schultes | January 5th, 2024 |

For the time being, all the divisions of the UPC have been unanimous regarding interpretation of the RoP, but there has been a crack in this uniformity deriving from the Ocado v. AutoStore case (UPC_ CFI_11/2023). The Nordic-Baltic Regional Division issued an order upon the circumstances under which the documents […]

UPC-series: Unified Patent Court: It’s been 6 months!

By Rainer Schultes, Constantin Kletzer, Alexander Schnider | January 4th, 2024 |

June 1st of 2023 the UPC opened its doors for the first time, after long-lasting negotiations among the EU-members and numerous dead-ends. As to the day of writing, more than 16.000 Unitary Patents have already been registered according to the EPO statistics center. Conflicts arising from any Unitary Patent […]


By Rainer Schultes, Juliane Messner, Max W. Mosing, Alexander Schnider, Constantin Kletzer | December 19th, 2023 |

Imagination and creation both were and still are what GEISTWERT is all about: At first, we started out at different law firms advising clients on how to realize and safeguard their imaginations and creations of all sorts. Back then, each of us was granted plenty of opportunities to work […]

UPC-series: Making the UPCA more attractive

By Alexander Schnider, Constantin Kletzer, Rainer Schultes | December 12th, 2023 |

After plenty of difficulties and years of disagreement, the UPC opened its doors on 1st of June 2023, and it has more than 100 active cases already. Even though it seems like a successful start, many EU members are not members of the UPCA or the ratification of the […]