European Patent Litigation in the Shadow of the Unified Patent Court

European Patent Litigation in the Shadow of the Unified Patent Court

Luke McDonagh

With the introduction of the Unified Patent Court (UPC) and the new European Patent with Unitary Effect, the European patent litigation system is undergoing a set of fundamental reforms. This timely book assesses the current state of European patent litigation by analysing recently published data on Europe's four major patent jurisdictions - the UK, Germany, France and the Netherlands - and also looks ahead to examine what the impact of the UPC is likely to be on Europe's patent litigation system in the near future.

Chapter 5: Conclusion

Luke McDonagh

Subjects: law - academic, constitutional and administrative law, european law, intellectual property law


This concluding chapter presents a number of observations about the key elements of the Unified Patent Court and the Unitary Patent, referring to the empirical data examined in Chapter 4 and also looking at how the issues raised by interviewees in 2014 have been dealt with since then, with a view to the UPC’s launch in 2017. The issues of judicial composition and quality are crucially important for three major reasons: first, there are substantial concerns amongst potential litigants over bifurcation and the granting of injunctions – concerns that are felt particularly keenly by companies in the ICT sector (though much less by those in the Pharma sector); second, the possibility that a valuable single patent could be revoked across 25 EU MS is a major concern, especially for Pharma companies (though this concern is felt much less by companies in the ICT and ENG sectors); third, forum shopping is likely to occur, to some extent at least, within the UPC – and companies in all sectors have concerns about the maintenance of common standards across the UPC, especially with respect to local divisions operating in jurisdictions that do not have an established history of patent litigation. The interview data show that those in the business and legal communities are unlikely to support the UPC unless the judges make consistent, balanced decisions.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information