UPC: What Do Licensees and Licensors Need to Consider?

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The Unified Patent Court (UPC) is expected to open on 1 June 2023. Assuming that this timeline is met, the sunrise period for opting European bundle patents out of the jurisdiction of the court in advance of the court opening should commence on 1 March 2023. Opt-outs can only be requested by patentees. However, licensees will have a significant interest in whether or not a patent or an associated supplementary protection certificates subject to the jurisdiction of the court. Licensees will also have a significant interest in whether or not patent applications are converted into national patents or Unitary Patents on grant, but again, this choice is unlikely to be the subject of existing licensing agreements. Licensees and licensors therefore urgently need to review their licensing arrangements in advance of the Unified Patent Court opening and to align their European patent licensing strategies accordingly. This webinar will provide guidance for both licensors and licensees to prepare for the start of the UPC.

Discussion will cover:

• Update on the current status of the UPC
• Brief overview on the essentials of the UPC litigation system
• Unitary Patents as objects of property
• Strategic considerations from the perspective of licensor and licensee (opting in/out, filing complaints, Unitary Patent, etc.)

Moderator:
Ningling Wang

Speakers:
Antje Brambrink
Nicholas Fox
Yanfei Ru