This article considers patent bifurcation in the Unified Patent Court (UPC) from a comparative perspective, contextualizing the proposed framework for the UPC with that of the Japanese Intellectual Property High Court (IPHC).
The article highlights that the unique institutional configuration in Europe means that the typical mechanisms that balance the risk of delays from bifurcation in the Japanese system do not easily transfer to a European setting. As the UPC actually comes into force, it is the relationship between institutions in the hierarchy that will be influential in shaping how bifurcation functions rather than the rules themselves.
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