Professor Sir Robin Jacob attends the Inauguration of the Unified Patent Court

Professor Sir Robin Jacob was one of the distinguished guests invited to attend a ceremony held in Luxembourg on 30 May to mark the commencement of the Unified Patent Court (UPC) on 1 June 2023, hosted by the President of the Court of Appeal of the UPC and the President of the Court of First Instance. 

The UPC is a significant milestone in the European patent system. Currently, a European patent, once granted by the European Patent Office (EPO) under the European Patent Convention, (EPC) requires validation in each designated states before it becomes a direct equivalent to a nationally granted patent. Once validated, any disputes involving patent infringement fall within the jurisdiction of the national courts. 

Under the new UPC regime, it becomes possible for the applicant to opt for a Unified Patent, rather than a bundle of national rights, with the UPC having jurisdiction over both the validity of the Unified Patent and infringement issues in respect of the countries that have joined the UPC. There are 24 EU Member States which have signed the Agreement on a Unified Patent Court (UPCA), and currently, the UPCA is in force in the 17 States which have ratified the UPCA.

The UK is notably absent from the UP list, as the Boris Johnson government withdrew from the UPCA post-Brexit. Professor Robin Jacob is President of the Intellectual Property Judges’ Association (the association of European IP, particularly patent, judges), and he chaired the Advisory Panel on the Selection and Training of Judges for the UPC until the UK withdrew from the project.

The interaction between the UPC and national courts is the subject of IBIL’s Annual Sir Hugh Laddie Lecture, which is being given by Judge Rian Kalden, Vice-President of the UPC on 21 June 2023. 

• Read more about the Inauguration here; 
• Book your ticket to attend the Sir Hugh Laddie Lecture here.