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The jurisdiction of the UPC is a hot topic on damages, given that for the following 7 years the sunrise
While structuring the UPCA, Member States agreed on the existence of parallel proceedings before the EPO and the UPC. Furthermore,
1. A submission of evidence by the trade mark proprietor that the trade mark goods were first put on the
It is usually said that the public character of a Court’s proceedings enforces the sense of justice and serves the
Even from the early days of the UPC’s operation, it is obvious that the life sciences sector is taking the
The UPC functions with 105 in total perfectly qualified judges, with great expertise in patents. 37 of them are legally
For the time being, all the divisions of the UPC have been unanimous regarding interpretation of the RoP, but there
June 1st of 2023 the UPC opened its doors for the first time, after long-lasting negotiations among the EU-members and
Imagination and creation both were and still are what GEISTWERT is all about: At first, we started out at different
After plenty of difficulties and years of disagreement, the UPC opened its doors on 1st of June 2023, and it
When is time for litigation the patentee has a lot to take into account, but one of the most important
The Helsinki Division of the UPC recently decided upon the Supponor vs AIM Sport case, concerning patent used in advertising
The UPC Mediation and Arbitration Centre, seated in Lisbon and Ljubljana, supports the settlement of disputes concerning both “classic” European
Recently, an infringement action was brought before the Local Division of the Hague and the language regime of the UPC
According to Article 32 UPCA the Court has competence over both infringement and revocation actions. In general, the UPC might
The Court of Appeal ruled for the first time upon the infringement dispute between Amgen, Sanofi and Regeneron over cholesterol-lowering
License is an agreement through which a licensee leases the rights of IP from its proprietor (licensor) in order to
The UPC has exclusive competence regarding any form of litigation of European Patents, Unified Patents and SPCs for products covered
In its decision delivered on October 20, 2023 (UPC_CFI_214/2023) the UPC local division in Helsinki rejected a preliminary injunction request
According to Article 83(3) of the Agreement on a Unified Patent Court (UPCA), the exclusive jurisdiction of the UPC regarding
The decisions of the UPC are directly enforceable and fully binding in each Contracting State. If a party fails to
Declarations of non-infringement This type of declaration can be lodged separately or in conjunction with an action for revocation in
The defeated party may bring an appeal application before the Court of Appeal. The other party is free to file
Both infringement and revocation proceedings on the merits before the UPC consist of a written, an interim and an oral