UPC Hires Could Lead to National Court Brain Drain: Judges

With the formation of the Unified Patent Court (UPC) entering the final stages, one of the final remaining tasks is the recruitment of judges. Many European legal specialists worry that recruiting experienced patent judges to the UPC could leave a shortage of legal specialized talent for the national courts. Managing Intellectual Property contacted Finnegan partner Jochen Herr to discuss the potential impact of the UPC on national court systems and how the impact can be best managed. 

Issues might arise in some national courts if their most experienced judges are appointed to the UPC., but experts believe Germany should not have this issue due to the wide range of talent in their national courts. While there are a large number of experienced judges in cities like Hamburg, Jochen clarified that in some jurisdictions, there may be a scarcity of patent specialists, stating, “In smaller jurisdictions where there are hardly any cases, there will be fewer experienced judges.”

In smaller jurisdictions, the scarcity of patent specialists could cause issues for refilling positions, causing issues in the national courts. He stated, “In small countries, where you might only have two to four patent judges, that might be a problem.”

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