Business Guide - brought to you by APL Media • Wednesday 15 February 2023 A Unified Patent Court launch


To date, the role of the EPO has ended at the grant stage, meaning that businesses have had to enforce their granted European patents nationally before the respective courts. Against a backdrop of increasingly standardised markets in Europe, this represents a disproportionately high cost to take action against competitors in all relevant markets to protect an invention. However, in China and the US, single infringement actions are possible across their entire territories. The new Unified Patent


Court system seeks to remedy this commercial disadvantage and allows centralised enforcement of European patent rights for all participating states. This new option should help to secure investments in new technologies and will be available to all applicants, and thus explicitly also British companies, from 1 June 2023. The new system allows European


patents to be enforced cost effectively in a single court. The judgements will be enforceable in all participating countries, so that a supranational injunction and also


a joint calculation of the damages for compensation will be possible. In addition to the advantages of centralisation, the new system is designed to work as quickly as possible and to reach decisions in less than 12 months. Bringing in very experienced judges from the European national courts, means high-quality decisions are practically guaranteed from the beginning. The Unified Patent Court thus


represents a game changer for all companies that are active in Europe with their products and services. This simplification of innovation protection should strengthen the European market and bring with it improved legal certainty. Due to the new strategic possibilities that arise, it’s highly recommended that every market participant assesses the opportunities and risks of the UPC. In particular, issues with respect to third-party rights and licensing agreements as a result of the UPC should not be underestimated. A proactive evaluation of the new system and an adaptation of one’s own IP strategy seems to be essential to make best use of this system.


CHRIS HAMER (PARTNER) ANDREAS WIETZKE (PARTNER)


Finance & legal • 7 ADVERTISEMENT FEATURE


For years, the protection of innovations centrally in Europe has been possible at the European Patent Office (EPO), where the applications are examined and granted for all member states, including the UK, which retains an active role


PEXELS-MARK-YOUSO For further information


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91% of business owners are pivoting how they operate their company1 Ian Strafford-Taylor, CEO of Equals Money, discusses


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1 According to research done by Equals Money on the cost of doing business in March 2022


Equals Money PLC is registered in England & Wales No. 05539698. Equals Money PLC is part of Equals Group PLC (Registered in England & Wales No. 08922461). Registered Office: 3rd Floor, Vintners’ Place, 68 Upper Thames St, London, EC4V 3BJ. Equals Money PLC is authorised by the Financial Conduct Authority to provide payment services (FCA No. 488396). Equals Money Cards are issued by Fair Payments Limited pursuant to license by Mastercard International Inc. Fair Payments Limited is authorised by the Financial Conduct Authority to conduct electronic money service activities under the Electronic Money Regulations 2011 (Ref: 900493). Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated.


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