News & Analysis as of

Intellectual Property Protection Member State Patents

A&O Shearman

The Unified Patent Court asserts its jurisdiction to determine damages following national court infringement ruling

A&O Shearman on

In a landmark decision Fives ECL, SAS v. REEL GmbH on January 16, 2025, the Court of Appeal (CoA) of the Unified Patent Court (UPC) clarified the jurisdictional boundaries of the UPC. This decision has far-reaching...more

Hogan Lovells

New EU Design Legislation – Welcome to the EU Design!

Hogan Lovells on

The new EU design legislation has just been published in the EU Official Journal and will enter into force on 8 December 2024, after almost a decade of preparatory and legislative work. The aim of the new EU design...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | January 2024

McDermott Will & Emery on

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

Seyfarth Shaw LLP

A Proposed European Commission Regulation Would Dramatically Alter How Standards Organizations and their Members Approach Standard...

Seyfarth Shaw LLP on

The European Commission's ("EC") Proposal for a Regulation of the European Parliament and of the Council on Standard Essential Patents COM(2023) 232 final (27 Apr 2023) (the "Proposed Regulation") was issued by the Commission...more

A&O Shearman

European Union to implement a unitary SPC and centralised examination procedure for SPCs

A&O Shearman on

The European Commission has published its long awaited (and delayed) proposals for a substantial revision of the EU regulation on Supplementary Protection Certificates (“SPCs”), which wraps up a series of various legislative...more

Womble Bond Dickinson

Countdown to June 1: Unitary Patents and Unified Patent Court Decisions Loom for European Patent Owners

Womble Bond Dickinson on

This article is based on a Feb. 2023 Womble Bond Dickinson webinar featuring WBD Partners James Love (UK) and Ryan Cagle, Fabio Marino and Karthika Perumal (U.S.). Patent owners soon will be entering a brave new world...more

Brownstein Hyatt Farber Schreck

With Germany’s Ratification, the EU Unified Patent Court Begins June 1, 2023

After years of setbacks, the EU Unified Patent Court (UPC) will begin its work on June 1, 2023. Germany’s ratification of the UPC Agreement on Feb. 17, 2023, triggered a countdown under Article 89 of the UPC Agreement for the...more

Morgan Lewis

European Unitary Patent and Unified Patent Court: Delayed but Still Arriving in 2023

Morgan Lewis on

The European (EP) patent landscape will shift in 2023 with the launch of the unitary patent system, consisting of unitary patents and a Unitary Patent Court. All current EP patent right holders now have a decision with regard...more

Womble Bond Dickinson

European Patent Holders Should Address Opt-Out Question Before Unified Patent Court Begins Operations

Womble Bond Dickinson on

Should I stay or should I go? This is the question current owners of European patents and applicants for pending applications are asking as the European Patent with Unitary Effect (“Unitary Patent”) and Unified Patent Court...more

Ladas & Parry LLP

Decisions to be Made regarding the EU Unitary Patent and Potentially Opting out of the Unified Patent Court

Ladas & Parry LLP on

The Administrative Council of the new European Unified Patent Court stated that the target date for the EU Unitary Patent and Unified Patent Court to come into effect will be on April 1, 2023. However, there is still a...more

Hogan Lovells

Three reasons why you might consider to opt-out your patents from the UPC system

Hogan Lovells on

The option to "opt-out" from the new UPC system gives patent owners the opportunity to declare, according to Art. 83(3) UPCA, that the UPC shall not have competence for litigations concerning a European patent. If an...more

Wilson Sonsini Goodrich & Rosati

Major Change to European Patent System in 2023 to Impact Patent Owners' Portfolios

A major change to the European patent system is expected in 2023. Currently, patent owners: 1) validate European patents in individual States, 2) pay renewal fees, and 3) enforce the patent independently in each individual...more

Hogan Lovells

Structure of the Unified Patent Court

Hogan Lovells on

The new Unified Patent Court (UPC) has been established by virtue of the Agreement on a Unified Patent Court (the "UPCA"). The UPC will be a court of all participating EU Member States, which will have exclusive competence to...more

Hogan Lovells

Is your CTGT patent portfolio ready for the UPC?

Hogan Lovells on

The introduction of the Unitary Patent and the corresponding Unified Patent Court (UPC) system is set to transform the patent litigation landscape in the European Union (EU). The potential impact on the business success of...more

Goodwin

The Unified Patent Court is (Finally) Coming to Europe and Bringing Some Pretty Fundamental Changes with It

Goodwin on

Seven years after the Member States of the EU signed the Agreement on a Unified Patent Court (“UPCA”), the Unitary Patent (“UP”) and the Unified Patent Court (“UPC”) are likely to commence during the second half of 2022. This...more

Orrick, Herrington & Sutcliffe LLP

The UPC Opt-out for European Patents – Should I Stay or Should I Go?

For further insights related to the Unitary Patent and the Unified Patent Court click here. Proprietors of European Patents will have the opportunity to avoid jurisdiction of the Unified Patent Court by filing so-called...more

Fish & Richardson

Unified Patent Court and Unitary Patent Moving Ahead in Europe

Fish & Richardson on

Final preparations by sixteen EU member states for their Unified Patent Court (UPC) and Unitary Patent (UP) began on 19 January 2022, following Austria’s deposit on the previous day of its ratification of the Protocol on...more

A&O Shearman

German Federal Constitutional Court paves the way for the UPC

A&O Shearman on

As an international treaty the Agreement on a Unified Patent Court (UPCA) provides for the establishment of the Unified Patent Court (UPC). As a joint Court of the Contracting Member States, the UPC shall have its own legal...more

Latham & Watkins LLP

IP in the UK After Brexit: What Does It Mean for UK Business and Trading with the EU?

Latham & Watkins LLP on

On 28 September 2020, the UK government made the Intellectual Property (Amendment etc.) (EU Exit) Regulations 2020 (IP Regulations 2020), which amend the intellectual property (IP) regime in the UK to reflect Brexit-related...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Global Patent Prosecution - May 2020: WIPO's COVID-19 IP Policy Tracker

What does Amazon making children shows like "Peppa Pig" available for free during the COVID-19 crisis have in common with the current operating status of the Companies and Intellectual Property Authority in Botswana? Well,...more

Miller Canfield

BREXIT’s Projected Impact on Intellectual Property Rights

Miller Canfield on

Brexit finally arrived on Jan. 31, 2020, and we are now in the period during which the UK and EU will negotiate the final rules governing their future. During this transition period, the UK and EU will continue to recognize...more

McDermott Will & Emery

Impact of Brexit on IP Rights

McDermott Will & Emery on

From 31 January 2020, the UK is no longer an EU Member State. This article outlines the main impacts of Brexit on intellectual property rights, including patents, trademarks, designs and models, copyrights, and sui generis...more

McDermott Will & Emery

European SPC Manufacturing Waiver Goes into Force

McDermott Will & Emery on

Newly issued EU Regulation 2019/933 provides supplementary protection certificate exemptions for exporting and stockpiling active pharmaceutical ingredients and medicinal products if certain anti-abuse requirements are met....more

Hogan Lovells

Brexit: the impact on supplementary protection certificates (SPCs)

Hogan Lovells on

On 6 February 2019 the House of Commons and House of Lords approved The Patents (Amendment) (EU Exit) Regulations 2018 (Patent SI), which, if it is signed into law, will come into force on Brexit day (i.e. 29 March 2019 or...more

Vedder Price

Brexit and IP: 4 Things You Should Know

Vedder Price on

I. What is Brexit? Brexit (short for “British exit”) is the United Kingdom’s (the “UK”—England, Scotland, Wales and Northern Ireland) decision to leave the European Union (the “EU”—28 countries, including the UK). The UK...more

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