Europe’s new sport: fighting to host UPC divisions

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Europe’s new sport: fighting to host UPC divisions

New figures relating to patent litigation in Europe could reopen the debate about the way the Unified Patent Court system works in practice

Although there’s still plenty of trepidation about the way that the UPC system will affect IP owners and users, critics of the system have largely shifted from bemoaning it to preparing for it.

Judging from Managing IP’s European Patent Reform Forum in Munich last month, IP professionals are still keen to shape the system’s rules (they sent more than 70 sets of comments in the most recent round of consultations on the draft rules of procedure), and to divide along old pro-/anti-bifurcation lines. But it seems as though the patent profession is readying itself for the reality of the Unitary Patent and the UPC.

There is one aspect of the system that has received little coverage so far, however: how the level of patent litigation in EU member states will affect the ability of governments to host local or regional divisions of the UPC, and the composition of the judges that sit there.

Now, though, lawyers from Powell Gilbert, working with counterparts elsewhere in the profession, have done some digging into the statistics. Although Germany is the biggest centre of patent litigation in Europe, Managing IP has often heard suggestions (from London-based lawyers, it has to be said), that the numbers are skewed. Now the data gathered by Tim Powell and Penny Gilbert suggests that might well be the case.

They argue in a guest blog post for Managing IP that if cases are counted in the same way as in Germany, the recorded claims in the UK would be far higher. That is because German courts have a practice of splitting patent cases by patent and sometimes by party, and of treating claims for revocation as separate to any infringement action. This ramps up the number of individual claims, they say.

Powell and Gilbert also argue that the headline figures obscure the importance of the UK courts in the patent litigation strategies pursued by plaintiffs and defendants. More than a quarter of claims litigated in the UK are also the subject of lawsuits overseas, for example (far higher than the 2% figure for Germany).

Many London-based patent lawyers are sceptical about the touted benefits of the UPC for their clients. Some of them became a little more enthusiastic after London was awarded one of the Paris-based central division’s two national offshoots. This latest attempt to secure a greater role for the UK could be regarded as a new round of patent lawsuit landgrabbing on behalf of local lawyers. But there are two reasons why it merits attention. If the figures add up, then it is only right that the UK warrants more UPC divisions. Second, the UK’s patent courts and its judges are widely respected. Ensuring that they play a full role in the UPC is surely good for the system as a whole.

more from across site and ros bottom lb

More from across our site

We discuss Kathi Vidal’s departure from the USPTO, how IP business Qantm is using its private equity investment, and the latest AI trends spotted by law firms
Sources say they have found the social media platform Bluesky to be a good place to post IP content, while others plan to watch the site closely
The USPTO’s internal ban on AI use, a major SEP ruling rejecting an interim licence request, and the EUIPO’s five-year plan were among the biggest talking points
Speaking to Managing IP, Kathi Vidal says she’s looking forward to helping clients shape policy when she returns to Winston & Strawn
AA Thornton and Venner Shipley’s combination creates a new kid on the block, but one which could rival the major UPC players
Amit Aswal explains why you should take on challenges early in your career and why the IP community is a strong, trustworthy network
Five members of Qantm’s leadership team, including its new managing director, discuss how the business is operating under private equity ownership and reveal expansion plans
In our latest UPC update, we examine an important decision concerning the withdrawal of opt-outs, a significant victory for Edwards, and the launch of a new Hamburg-based IP firm
The combined firm, which will operate under the Venner Shipley name and have 46 partners, will go live in December
Vidal, who recently announced her departure from the USPTO, said she decided to rejoin the firm because of its team and culture
Gift this article