Chapter 5: Conclusion
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.
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