We are currently working on the programme of Unitary Patent Package 2017.
Are you interested in becoming a speaker at the conference or do you know interesting topics? Please contact Conference Manager Irene van der Zwan, telephone number: +31 648088846.
Programme Unitary Patent Package 2016
9.00 h – Registration & morning coffee
9.30 h – Opening event, welcome and short introduction by chairman Richard Vary, Head of Litigation, Nokia
9.40 h – The Unitary Patent and the Unified Patent Court: the last steps before introduction in 2016
- What is the status and when will be the expected introduction date?
- Courts: latest developments of the Unified Patent Court: Local and regional divisions, fees, Patent Litigation Certificate, Sunrise register, IT system etc.
- Judges: Selection and training
- Unitary Patent: latest developments on the practical issues, implementing rules & costs/fees
Alexander Ramsay, Chairman of the Preparatory Committee for the Unified Patent Court.
10.10 h – Unitary Patents and European Patents: substantive law issues
- The principe of unitary effect
- Differences between Unitary Patents and European Patents
- Advantages and possible disadvantages of a Unitary Patent
- Advantages and possible disadvantages of an opt-out
Bas Pinckaers, Head Patent Department, Van Doorne
10.35 h – Coffee and tea break
11.05 h – The Unified Patent Court, the national courts, forum shopping, torpedo’s and pre-emptive strikes
- Prepare your portfolio and your strategy for the new opportunities and challenges
- Combining litigation at the UPC and national courts
- Pre-emptive strikes when the court opens; clearing the path, blocking opting out or opting in
- The divisions of the Court, their locations, languages and “couleur locale”
- Coordination, bifurcation, stays and speed of proceedings
- Preliminary injunctions, seizure of evidence, ex parte measures
- How to plan your litigation and deal with the judge-rapporteur
Wouter Pors, Partner, Bird & Bird
11.30 h – Vision of In-house patent attorneys regarding the Unitary Patent and the Unified Patent Court
- Francesco Macchetta, Director Intellectual Property, Bracco Group, Italy
- Dr. Coreena Brinck, Head of Patenting Operations, Nokia Technologies
12.oo h – Panel discussion on the new Rules of Litigation Certificate with lawyers and European Patent Attorneys
Lawyers and patent attorneys as teams and as competitors. Are the minimum requirements enough? Do we need minimum requirements for lawyers? How to select the proper representative?
- Koen Bijvank, MSc LLM, Dutch and European Pattent Attorney, Partner V.O. Patents & Trademarks
- Wouter Pors, Partner, Bird & Bird
- Dr. Christof Augenstein, Attorney at Law, Certified Specialist for Intellectual Property, Kather Augenstein Rechtsanwälte
- Martin Jackson, EPA, CPA, HCPL, Partner, J A Kemp
12.30 h – Vision from the Bench: interview with Judges regarding the Unitary Patent and Unified Patent Court
- Dr. Elke Schwager, Judge at the High Court of Munich, Germany
- Sam Granata, Judge, Court of Appeal of Antwerp, Belgium
- Drs. Edgar F. Brinkman, Senior Judge Intellectual Property, Court of The Hague, The Netherlands
The rest of the Judges will be announced soon.
13.00 h – Lunch
14.00 h – Rules of Procedure for the Unified Patent Court; the final phase
- The important changes in the 18th Draft of the Rules of Procedure
- The outcome of the consultation on fees
- Publication of the final version-when?
- The training of both Legally Qualified and Technically Qualified Judges for the Court
Kevin Mooney, Chairman of the Drafting Committee for the Rules of Procedure for the Unified Patent Court and Partner at Simmons & Simmons LLP
14.30 h – The state of implementation of the unitary patent by the EPO and Member States
- The level op renewal fees and their distribution
- Implementing Rules and Rules relating to Fees
- Substantive law issues and accompanying measures by Member States
Margot Fröhlinger, Principal Director Patent Law and Multilateral Affairs, European Patent Office
15.00 h – Round Table discussions part 1
15.45 h – Coffee and tea break
16.00 h – Round Table discussions part 2
16.45 h – Summary of results of round table discussions
17.00 h – Closing words by chairman & drinks
Round Table discussions
1. Rules of Procedure – the final version and the training of Judges
- The last important changes of the Rules of Procedure to be discussed
- Vital issues discussed at the consultation fees
- Training of both Legally Qualified and Technically Qualified Judges of the Court
Table Chair: Kevin Mooney, Chairman of the Drafting Committee for the Rules of Procedure for the Unified Patent Court and Partner of Simmons & Simmons LLP
2. Role of European Patent Attorney during prosecution and litigation
- Which European route(s) of protection does the patent attorney advice his client in dependence on: size of the applicant, size of the market, type of market, type of product?
- When does the patent attorney advice his client to validate a granted EP patent as a UP patent and when as a bundle of national patents. Parameters to be considered: size of the applicant, size of the market, type of market, type of product?
- Under what conditions can/should a European patent attorney litigate with/without an attorney at law under the UPC?
Table chair: Hans Hutter, Partner and Dutch and European Patent Attorney, NLO
3. Forum shopping between various local and regional divisions, language regime and experience
- Where will the UPC Divisions be, what will they look like, who will be the judges and which languages will be available?
- Are you looking for litigation in English before experienced judges?
- Could you be sued in a language that you don’t understand?
- Do you want cross-examination of experts?
- How do you select the forum that is best for your case?
Table chair: Wouter Pors, Partner, Bird & Bird
4. The Unitary Patent and Unified Patent Court are undoubtedly good in theory, but how will they work in practice?
Which industry or business sector will be most interested in using the Unified Patent Court, and which court might be the most popular?
- Will pharmaceutical companies be reluctant to risk their patents by leaving them in the jurisdiction of the UPC? Or will their desire to shape the case law of the new court override their caution?
- Will the industrial chemistry industry become more litigious?
- Will the engineering industries be first to take advantage?
- We all assume that Patent Assertion Entities and generic drug companies will be keen…
Table chair: Martin Jackson, EPA, CPA, HCPL, Partner JA Kemp and Tom Carver, Partner, Solicitor, JA Kemp
Day 2: In-depth workshops Unitary Patent Package
After updating your knowledge on day 1, three in-depth workshops will teach you how to put this knowledge into practice.
9.00 h – Summary of conference day 1
Short summary of the conference day 1 by Chairman day 2: Wouter Pors, Partner Bird & Bird
9.15 h – PATENT STRATEGY WORKSHOP
The unitary patent package will have deep impact on your patent strategy. Learn in this workshop what is the best patent strategy for your (clients) organization.
- Filling strategies: issues to consider
- When should I opt-out, when opt-in? And how do I have to register my opt-out EP’s in a Sunrise register?
- Portfolio management
- Basics of Litigation strategies in the new system
Workshop leader: Bart van Wezenbeek, Patent Attorney and Senior Associate, V.O. Patents & Trademarks
11.00 h – Coffee and tea break
11.15 h – COSTS WORKSHOP
What will be the cost of an Unitary Patent (UP) in comparison with the classical European Patent (EP)? And what about the costs and court(s) for Italy and Spain?
- Compare costs for validation including translation costs, publication fees and attorney fees for national validations of EP versus costs obtaining UP (only one translation fee during transitional period);
- Renewal fees, including related transactional costs of EP and UP
- Working on comparing costs between obtaining classical European patent protection and a Unitary Patent + classical European patent protection for Italy and Spain. Discussion of these costs, especially once we know the renewal fees for a Unitary Patent.
Workshop leader: Thierry Sueur, Vice President, European & International Affairs, Air Liquide.
13.00 h – Lunch
13.45 h – COURTS PROCEDURE & TRIAL WORKSHOP
- Exercises on fictive infringement case; for strategy discussions
- Exercise on the court procedure (written, intermediate and oral proceedings)
- How to use the online case management system
- How to prepare for online litigation (is your own IT system up to it?)
Workshop leader: Wouter Pors, Partner, Bird & Bird
15.30 h – Closing of the workshops