In 2023, the UPC and UP will start. Are you ready ?

The new European patent system, consisting of the Unified Patent Court (UPC) and the Unitary Patent (UP), will start to operate in 2023. According to recent announcements (see here), the sunrise period will start on March 1st, 2023, meaning that the Court will open its doors on June 1st, 2023.

The UPC will allow the enforcement of patents across several European jurisdictions in a single court proceeding. This sophisticated new system requires some updates to the strategies of all companies with innovative activities operating in Europe. Indeed, the reform will deeply impact all areas of patent law.

CMS is delighted to invite you to share views on this topic during an in-person afternoon session from 13:45 - 19:00 p.m. CET on January18, 2023, in Paris.

This event will gather CMS patent experts (lawyers and patent attorneys) from several jurisdictions, including Austria, France, Germany, Italy, the Netherlands, Spain, United Kingdom, to give a pan-European vision of the new patent litigation landscape. In addition, we will host several external speakers, including UPC appointed judges (names to be confirmed).

Topics will include :

• Introduction on the overall system by CMS specialists and keynote speech by an UPC appointed technical judge.

• Strategic considerations on UP and Opt-out by Toby Sears and Helen Wallis (CMS UK)

• The relevance and/or necessity to amend the existing patent agreements (co-ownership, licenses, etc.) by Thomas Hirse (CMS Germany)

• UPC jurisdiction: Long-arm jurisdiction & pan EU DNI, by Rogier de Vrey (CMS The Netherlands),Mark Shillito (CMS UK) and Irene San Martin (CMS Spain)

• Preliminary injunctions : National v. UPC approaches by Markus Deck (CMS Germany) and Jean-BaptisteThiénot (CMS France)

• Standing to sue of the licensee by Paola Nunziata (CMS Italy)

• Discussions about the previous experience of the appointed judges as national judges and the likely impact on their approaches within the UPC, panel discussions led by Jean-Baptiste Thiénot (CMS France) and Sven Krause (CMS Germany)

​​​The conference will be held in English, free of charge and will be followed by a networking cocktail.

We look forward to welcome you to the conference. In the meantime, you can have a look at our UPC dedicated pages.