Breaking: UPC chief urges EU to rethink SEP plan

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Breaking: UPC chief urges EU to rethink SEP plan

KerstinJorna.jpg
Kerstin Jorna, head of DG Grow, speaking at the UPC inauguration in Luxembourg today

Klaus Grabinski told delegates at a UPC inauguration event that the proposed SEP regulation would limit access to justice

The most senior judge of the Unified Patent Court has sharply criticised the European Commission’s draft standard-essential patent reforms.

Klaus Grabinski, chief judge of the UPC Court of Appeal, said he feared the draft SEP regulation, published last month, was not currently compliant with the EU Charter of Fundamental Rights.

Speaking at the formal inauguration of the UPC at the Hémicycle in Luxembourg today, May 30 – which Managing IP is attending – Grabinski said he felt obliged to comment on the plan.

The German judge said he was concerned that SEP owners would have to register their patents at the EUIPO before they could bring an infringement action at the UPC.

“I fully support the commission’s aim to enhance transparency, but access to justice is a core fundamental right,” he said.

Grabinski questioned why SEP owners should not be able to bring infringement actions in the EU while they could in the UK and China.

Under the commission’s draft regulation, patent owners would have to register their SEPs at the EUIPO, which would carry out essentiality checks and determine fair, reasonable, and non-discriminatory (FRAND) royalties.

They would be unable to bring infringement actions for those patents until the end of that process, which could take up to nine months.

But SEP owners would still be able to seek “provisional injunctions of a financial nature” while the EUIPO process was ongoing.

SEP owners had seen the UPC as an attractive option, mainly thanks to the prospect of Europe-wide injunctions.

But it’s unclear what role the new court will play in the future of global SEP litigation if the commission’s plan is realised.

“I have no doubt that the regulation will be fully compliant with the EU Charter of Fundamental Rights after it has gone through the [full] legislative process,” Grabinski added.

Kerstin Jorna, head of DG Grow – the EU body that drew up the proposal – also gave a speech but did not comment on Grabinski’s remarks.

Jorna spoke instead about the importance of intellectual property to the EU single market and encouraged all member states to join the unitary patent system.

The UPC will open on Thursday, June 1.

more from across site and ros bottom lb

More from across our site

Law firm Stephens Scown secured victory for its client in a dispute over two cider products
The Court of Appeal said the UPC can award damages based on a national court’s infringement ruling, giving the last laugh to the lawyer who filed the case
AI
Robert Guthrie at Osborne Clarke runs through the government’s AI and copyright consultation and considers the expected challenges
A lawyer firing Meta as a client has reinforced why the industry should not shy away from losing business from those with questionable ethical standards, even if it comes at a cost
A blow for Getty ahead of its AI showdown with Stability AI and a licensing deal between Nokia and Samsung were among the big talking points this week
The IP Federation has written to the UPC Court of Appeal’s presiding judge ahead of a crucial decision on whether in-house lawyers and attorneys can represent their employers in litigation
A Boies Schiller Flexner partner explains how he helped toy company Tangle prevail in a copyright case concerning a kinetic sculpture
Awards
Submit your nominations for this year's WIBL Americas Awards by February 28
Awards
Research for the annual Women in Business Law Awards has begun – submit your entries by February 28
Sources at four firms tell Managing IP whether COVID-induced policies such as remote working have helped save money and outline the effect on their practices
Gift this article