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As of 1st of June 2023, after years of negotiations, setbacks and postponements, the Unitary Patent Package (UPP) enters into force: the European patent with unitary effect (EPUE) becomes a reality and the Unified Patent Court (UPC) starts its activities. Regrettably, the patent regime put in place is not a genuine EU system. Adopted through an enhanced cooperation procedure, it firstly does not include all EU Member States. Secondly, the conditions and the procedure for granting EPUE is in the hands of the European Patent Office, an international organization to which EU is not a party. Lastly, the substantive provisions and the litigation proceedings are defined by an international treaty (the UPC Agreement) to which EU is not a member, and by national laws for the remaining aspects. Such system carves patent law out of the EU legal and judicial orders and reduces the roles of the EU Parliament and Court of Justice. Challenges are numerous in terms of complexity, harmonization objectives, legality, business advantages and wider societal, economic and legal concerns, to name a few. With twenty-eight contributions from academics and practitioners, this book starts with putting the new system into historical, comparative and institutional contexts (Part I) before highlighting some issues under EU law and the perspective of EU integration (Part II). The institutional, jurisdictional and procedural questions raised by the UPC are then addressed (Part III), as well as the innovation and markets issues (Part IV). The last contributions discuss possible improvements and alternatives to the Unitary Patent Package (Part V).

Patent laws and legislation. --- Unified Patent Court.

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Industrial and intellectual property --- Unified Patent Court --- European Union

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Patent laws and legislation --- Unified Patent Court. --- European and Community Patents Court --- UPC --- European Union.

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This book discusses the legal texts regarding the unitary patent and the Unified Patent Court (UPC). In 2013, twenty-five Member States of the European Union decided to take European patenting and patent enforcement to the next level. They agreed on a common patent title and a common patent court, i.e., the new unitary patent and the UPC. However, the implementation phase of the new patent package was a bumpy ride. Non-participating member states attacked the legal texts before the European Court of Justice, the Rules of Procedure of the UPC were subject to extensive debates, the Brexit referendum slowed down the ratification process, etc. Nevertheless, the unitary patent package survived. The exact date when the UPC will open its doors and the first unitary patent will be registered is still unclear. But observers agree that both projects will most likely become operational in 2018. From that moment on, companies, research institutions and individuals will be able to obtain not only a patent title with immediate effect in twenty-five EU Member States but also a court decision on, for example, infringement or validity of a European or Unitary Patent with effect in the participating Member States.--

Industrial and intellectual property --- Unified Patent Court --- Patent laws and legislation --- Patent suits --- Unified Patent Court. --- European and Community Patents Court --- UPC --- European Union. --- Patent litigation --- Patent laws and legislation - European Union countries --- Patent suits - European Union countries

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As of 1st of June 2023, after years of negotiations, setbacks and postponements, the Unitary Patent Package (UPP) enters into force: the European patent with unitary effect (EPUE) becomes a reality and the Unified Patent Court (UPC) starts its activities. Regrettably, the patent regime put in place is not a genuine EU system. Adopted through an enhanced cooperation procedure, it firstly does not include all EU Member States. Secondly, the conditions and the procedure for granting EPUE is in the hands of the European Patent Office, an international organization to which EU is not a party. Lastly, the substantive provisions and the litigation proceedings are defined by an international treaty (the UPC Agreement) to which EU is not a member, and by national laws for the remaining aspects. Such system carves patent law out of the EU legal and judicial orders and reduces the roles of the EU Parliament and Court of Justice. Challenges are numerous in terms of complexity, harmonization objectives, legality, business advantages and wider societal, economic and legal concerns, to name a few. With twenty-eight contributions from academics and practitioners, this book starts with putting the new system into historical, comparative and institutional contexts (Part I) before highlighting some issues under EU law and the perspective of EU integration (Part II). The institutional, jurisdictional and procedural questions raised by the UPC are then addressed (Part III), as well as the innovation and markets issues (Part IV). The last contributions discuss possible improvements and alternatives to the Unitary Patent Package (Part V).

Patent laws and legislation. --- European patent. --- European Patent Office. --- patent law --- competition law. --- approximation of laws. --- Unified Patent Court.