Subjects of Unitary Patent Package.

The UK will ratify: The Unified Patent Court is back on track again!

On Monday the 28th of November 2016, the decision of the UK to ratify was made public during the meeting of the Competitive Council of the European Union.

  • What will be the consequences for the UP and the UPC?
  • When will be the actual introduction date?
  • How to deal with patents of the UK and other non EU members?

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Program Unitary Patent Package Conference

Thursday 9 February 2017

09.00 – Registration & morning coffee

09.30 – Opening event, welcome and short introduction by Chairman Richard Vary


09.40 – The Unitary Patent and the UPC: Brexit and the last steps to be taken

  • What will be the consequence of Brexit?
  • What 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 issue


10.15 – Unitary Patents and European Patents: substantive law issues

  • The principle of unitary effect
  • Differences between UP’s and EP’s
  • Advantages and possible disadvantages of a Unitary Patent
  • Advantages and possible disadvantages of an opt-out

Bas Pinckaers, Head Patent Department, Van Doorne.


10.50 – Coffee and tea break


11.10 – Strategies for proceeding at the UPC

  • Prepare your portfolio and your strategy for the new opportunities and challenges
  • Combining litigation at the UPC and national courts, including the effects of Brexit
  • 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


11.45 – Panel discussions

  1. Vision of In-house patent attorneys regarding the Unitary Patent and the UP
    Dr. Werner Fröhling
    , Managing Director and Chief IP Counsel, Flooring Technologies Ltd., Malta
    Francesco Macchetta, Director Intellectual Property, Bracco Group, Italy
    James Hayles, President of the IP Federation and Senior Patent attorney, Pfizer, UK
  2. Visions from the Bench: interviews with Judges regarding the Unitary Patent and Unified Patent Court:
    Dr. Klaus Grabinski, Judge, Federal Court of Justice of Karlsruhe, Germany
    Sam Granata, Judge, Court of Appeal of Antwerp, Belgium
    Marie Courboulay, Vice-President, 3rd Chamber – Intellectual Property Paris Court of Appeal, France


12.45 – Lunch


13.45 – The UPC post Brexit: what are the consequences?

  • What will happen with the Central Division in London?
  • Publication of the final version Rules of Procedure-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


14.20 – Preparing the last steps of the implementation of the Unitary Patent by the EPO and Member States and how to deal with Brexit?

  • The level of 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 Unitary Patent, European and International Legal Affairs


15.00 – Round Table discussions part 1

15.45 – Coffee and tea break

16.00 – Round Table discussions part 2

16.45 – Summary of results of round table discussions

17.00 – Closing words by chairman & drinks

Round Table discussions

1. UPC and Brexit: what are the options and what does it mean for the timing? 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 of fees
  • The 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. Costs of obtaining and maintaining patents in the EP, the future UP and the USA system for different use cases:
  • Influence of number of EP countries to be validated
  • Influence of Brexit
  • Influence of number of years maintaining the patent.

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?
  • Brexit scenario’s: will the UK continue to participate and if not, what are the consequences
  • 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 Italian standpoint
  • Italian role in the UP/UPC: from the participation in the enhanced cooperation towards the ratification;
  • Possible relocation of UPC’s central division after the Brexit;
  • Scenarios in case Italy does not ratify or ratifies and host a Local or a Central Division.

Table chair: Michele di Sciuva, Partner and Patent Attorney, Studio Torta, Italy

In-Depth Workshops | Friday 10 February 2017

09.00 – Short Summary of the conference (day 1) by Chairman day 2,
Wouter Pors,
Partner, Bird & Bird


09.15 – Patent Strategy Workshop

How (and where) to file and litigate with or without the UK?

  • Does Brexit change the filing strategy?
  • Which changes do you want for a new UPC agreement?
  • Milan, The Hague or Madrid instead of London?

Workshop leader:
Bart van Wezenbeek, Patent Attorney and Senior Associate, V.O. Patents & Trademarks


11.15 – Coffee and tea break


11.15 – Costs and Litigation workshop

Workshop leader: to be announced


13.00 – Lunch


13.45 – Courts procedure & Trial WorkshopJurisdiction, lis pendens & procedure

  • The jurisdiction of the UPC and the national courts
  • Rules for lis pendens under the Brussels I Regulation
  • ‘The effects of Brexit on jurisdiction and lis pendens
  • Litigating a patent case in Europe at the UPC & coordination with national courts

Workshopleader: Wouter Pors, Partner, Bird & Bird


15.30 – Closing of the workshops

Especially made for all Patent Professionals who have or are interested in Patents in European Countries:

  • European Patent Attorneys
  • Intellectual Property Directors
  • In-house Patent Attorneys
  • Patent Consultants
  • Lawyers and Judges who are preparing the impact of the Unitary Patent and the Unified Patent Court


At the moment we are preparing the programme for next year’s UPP Conference. If you have any important theme to add or you would like to hear specific organizations or speakers, please contact Conference Manager Irene van der Zwan, telephone number: +31 648088846 / email:


Unitary Patent Package 2017

The whole program in just one document? Download the brochure! (pdf)