Clement Salung Petersen and Thomas Riis
Clement Salung Petersen and Jens Schovsbo
The Unified Patent Court (UPC) will be a new court system common to the European Union Member States that adopt the unitary patent package. Because of the biases embodied in the UPC institutional setup, there is a risk that non-technical values and interests will be either overlooked or underdeveloped in UPC decision-making. In this chapter, we will analyse how these blind spots can be covered in patent litigation. We will focus on the role of the UPC judges and third parties in establishing a basis for UPC decision-making, and recommend how to interpret the existing rules and principles.