Program conference

14th of July 2022

Download full program

09.00 hrs

Registration and morning coffee

09.30 hrs

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

09.35 hrs

The Unitary Patent and the Unified Patent Court: the last steps before introduction in 2022

  • Brief history from idea to implementation of the Unitary Patent and the Unified Patent Court (main features of the ‘Unitary Patent Package’, why took it so long?)
  • What is the status and when will be the expected introduction date?
  • Courts: latest developments of the Unified Patent Court
    – Which city will get the Central division of London after Brexit?
    – Local and regional divisions, fees
    – Patent Litigation Certificate
    – Sunrise register
    – IT system
  • 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

10.15 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

10.50 hrs

Coffee break

11.10 hrs

The Unified Patent Court, the national courts, forum shopping, torpedo’s and pre-emptive strikes

  • Prepare your portfolio and your strategy for t he new opportunities and challenges
  • Combining litigation at the UPC and the 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 judgerapporteur

Wouter Pors, Partner Bird & Bird

11.45 hrs

Panel of Judges – Visions from the Bench

Interviews with Judges regarding the Unitary Patent and the UPC:

Sam Granata, Judge, Court of Appeal of Antwerp (Belgium), Judge, Court of Appeal, Antwerp & Judge at the Benelux Court of Justice and and External Legal Member, Enlarged Boards of Appeal EPO.
Rian Kalden, Senior Judge, Court of Appeal of The Hague (NL) and Judge at the Benelux Court of Justice
Dr. Peter Tochtermann, Presiding Judge, Regional Court of Mannheim, Patent Chamber (Germany).

12:15 hrs

Panel of in-house patent attorneys

Visions of and interviews with in-house patent attorneys regarding the Unitary Patent and the UPC In-house patent attorneys will be announced soon.

12:45 hrs

Lunch

13.45 hrs

Rules of Procedure for the Unified Patent Court; the final phase

  • Publication of the final version Rules of Procedure: when
    and what are the last adjustments?
  • The training of both Legally Qualified and Technically
    Qualified Judges for the Court
  • More?

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

14.20 hrs

Preparing the last steps of the implementation of the Unitary Patent by the EPO and Member States

  • Overview of the implementation measures decided by the
    Select Committee and the EPO
  • Recent Rule changes and transitional measures decided
    recently by the EPO in order to facilitate an early up-take
    of the Unitary Patent

Jérôme Debrulle, Chairman of the EP0´s Select Committee dealing with the implementation of the Unitary Patent.

15.00 hrs

Coffee and tea break

15.05 hrs

Round table discussions

15.10 – PART 1 (50 minutes)
16.10 – PART 2 (50 minutes)

The Round Table discussions are an opportunity for the participants to get together in an informal setting to duscuss issues from their working area point of view as they relate to the Unitary Patent Package. Choose your main themes:

Round tables

1: Rules of Procedure – the final version and the training of Judges

  • The last important changes of the Rules of Procedure
  • 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: Considerations for obtaining and maintaining patents in the new UP era

  • What has changed: Evaluation of the EP and UP alternatives
  • The new Europe: Protecting the core and the fringes
  • Future proof strategy: how will changes to the UP/EP membership affect your decisions?

Table Chair:
Paul Clarkson, UK Patent Attorney litigator and European Patent
Attorney, partner 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?
  • 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: If you would like to contribute to the conference with a Round Table topic?
Please contact Irene van der Zwan, conference producer,
+31648088846.

17.00 hrs

Summary of results of Round Table discussions

17.10 hrs

Closing words by Chairman & drinks

19.00 hrs

Optional evening program with diner