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The opt-out will take effect upon its entry in the Register (Article 83(3) of the UPC Agreement). To do this, the patent proprietor will have to notify an opt-out to the Registry of the UPC. A proprietor of or an applicant for a European patent granted or applied for before the end of the transitional period will be able to opt out of the UPC's jurisdiction in respect of that European patent or application for the entire lifetime of the patent, unless an action has already been brought before the UPC.Actions for infringement or for revocation may still be brought before national courts (Article 83(1) of the UPC Agreement).What are the arrangements for the transitional period (opt-out scheme and choice of forum) for the Unified Patent Court?įor a transitional period of seven years, which may be prolonged by up to a further seven years, the following options will be possible for litigation involving “classic” European patents: The UPC Agreement provides that the contracting Member States' national courts will remain competent for actions relating to patents and supplementary protection certificates which do not come within the exclusive competence of the UPC. The UPC will also act as an administrative court: it will have exclusive competence in respect of actions concerning decisions of the EPO in carrying out the tasks referred to in EU Regulation No 1257/2012 on the Unitary Patent system. actions for provisional and protective measures and injunctions.actions for declaration of non-infringement.
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actions for actual or threatened infringements and related defences.Article 32 of the UPC Agreement provides that the UPC will have exclusive competence in particular for What is the structure of the Unified Patent Court?Īs a general rule, the UPC will have exclusive competence in respect of civil litigation on matters relating to European patents, Unitary Patents, supplementary protection certificates issued for a product covered by such patents and European patent applications. The UPC will not have any jurisdiction over national patents. The UPC's rulings will have effect throughout the territories of those Member States that have already ratified the UPC Agreement (the contracting Member States) at the time they are issued. The opt-out will be effective for the entire life of the European patent concerned. This exclusive competence is however subject to exceptions with regard to European patents: cases may still be brought before national courts, and proprietors of European patents may opt out from the UPC's exclusive competence during a transitional period of seven years, which may be prolonged by up to a further seven years. It will have exclusive competence for the settlement of disputes in respect of both “classic” European patents and Unitary Patents.
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The UPC has been established by an international treaty: the UPC Agreement of 19 February 2013. In addition, the UPC Agreement harmonises the substantive patent law governing the scope and limitation of the rights conferred by a patent and the remedies available in cases of infringement. It will provide simplified, quicker and more efficient judicial procedures with high-quality decisions issued by panels comprising both legally and technically qualified judges sitting in an international composition. The UPC is a new international court common to its Member States.