Programme 8 February 2018

Programme of Unitary Patent Package Kick Off Conference

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9.oo hrs | Registration and morning coffee

9.30 hrs | Opening, welcome and short introduction by the Chairman: Richard Vary, Partner Bird & Bird

9.35 hrs | The Unitary Patent and the UPC: the last steps

> What will be the expected introduction date?
> Organisation of the UPC including operation ofthe registries, locations, upcoming ratifications
> Courts: latest developments of the UPC: Local and regional divisions, fees, Patent Litigation Certificate, Sunrise register etc.
> Judges: Appointed judges and coordination
> Unitary Patent: latest developments on the practical issues

Alexander Ramsay, Chairman of the Preparatory Committee for the Unified Patent Court

10.10 hrs | 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

10.45 hrs | New! The vision of the (appointed) judges and the President UPC and the Court of Justice

> Dr. Klaus Grabinsky, Judge of Federal Court of Justice of Karlsruhe, Germany
> Marie Courboulay, Vice-President, 3rd Chamber, Paris Court of Appeal, France
> Sam Granata, Judge, Court of Appeal of Antwerp, Belgium

11.15 hrs | Coffee and tea break

11.45 hrs | Costs of obtaining and maintaining patents in the EP and the UP

> What will be the cost of a Unitary Patent in comparison with the classical European Patent?
> 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 EP and UP

Thierry Sueur, Vice President European and International Affairs

Panel discussion: The vision of the in-house patent attorneys
> Francesco Macchetta, Director Intellectual Property, Bracco Group
> more in-house patent attorneys to be announced

12.55 hrs | Lunch

13.55 hrs | The final version of the Rules of Procedure and the training of Judges

> The selection of the judges and their training program
> The consequences of a hard or soft Brexit
> Proposed selection of panels for local and regional divisions

Kevin Mooney, Chairman of the Drafting Committee for the Rules of Procedure for the UPC and Partner at Simmons & Simmons LLP

14.30 hrs | How to request a Unitary Patent?

> Presentation of the on-line procedure
> Practical information for users including the UP – user guide

Margot Fröhlinger, Principal Director Unitary Patent, European and International Legal Affairs, European Patent Office

15.05 hrs | Round table discussions round 1

All round table discussions

1. The last important changes of the Rules of Procedures and the training of Judges
  • The last important changes of the Rules of Procedures and the training of Judges
  • The training of both Legally Qualified and technically Qualified Judges of Court
  • Getting to grips with the CMS

Table Chair: Kevin Mooney, Chairman of the Drafting Committee for the Rules of Procedure for the UPC and Partner 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 the UPC and the national courts and between various local and regional divisions, language regime and experience
  • The jurisdiction of the UPC and the national courts
  • Rules for lis pendens under the Brussels I Regulation
  • Where will the UPC Divisions be, what will they look like, who will be the judges and which languages will be available?
  • 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 the best for your case?

Table Chair: wouter Pors, Partner, Bird & Bird

4. Patent Strategy: How and where to file and litigate?
  • Opt-out: choice per patent or per portfolio
  • Litigation tactics: spread or concentrate?

Bart van Wezenbeek, Patent Attorney and Senior Associate, V.O. Patents & Trademarkts

15.50 hrs | Coffee and tea break

16.10 hrs | Round table discussions round 2

16.55 hrs | Summary of results of Round Table discussions

17.15 hrs | Closing words by the Chairman & Drinks