The UK will ratify: The Unified Patent Court is back on track again!
By November the 28th the decision of the UK to ratify was made public during the meeting of the Competitive Council of the European Union. Because of this the Unitary Patent Package Conference 2017 will be very interesting to hear and discuss the last steps on the introduction of the Unitary Patent and Unified Patent Court.
Subjects of Unitary Patent Package:
- Update UPC: local/regional divisions, fees, selection and training of Judges & IT system
- Finalization Rules of Procedure and when is the Court ready?
- Preparing the last steps of the implementation of the Unitary Patent by the EPO and Member States
- Expectations, wishes and fears of Judges, Lawyers, in-House Patent Attorneys and
European Patent At torneys
- How companies from China and USA look at the European developments
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
Alexander Ramsay, Chairman of the Preparatory Committee for the Unified Patent Court
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
- The UPC will start in the fall of 2017, so get ready. What needs to be done in 2017?
- 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
- How to plan your litigation and deal with the judge-rapporteur
Wouter Pors, Partner, Bird & Bird
11.45 – Panel discussions
- 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
- 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
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?
Bart van Wezenbeek, Patent Attorney and Senior Associate, V.O. Patents & Trademarks
11.15 – Coffee and tea break
11.15 – Costs workshop
- What will be the cost of an 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
Invited: Thierry Sueur, Vice President European and International Affairs, Air Liquide
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
- Preliminary injunctions, seizure of evidence, ex parte measures & protective letters
Workshopleader: Wouter Pors, Partner, Bird & Bird
15.30 – Closing of the workshops