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Protective letters and patents: Campbell Forsyth and Nina O'Sullivan for World Intellectual Property Review

Posted on 22 May 2023

Partners Campbell Forsyth and Nina O'Sullivan have outlined the value of protective letters for businesses facing potential preliminary injunctions in the Unified Patent Court (UPC), in an article for World Intellectual Property Review.

As businesses put in place plans ahead of the UPC opening on 1 June 2023, anyone concerned about the risk of a without notice application for an interim injunction in an infringement action in the UPC should consider the options that would be available in this scenario, including filing a protective letter at the UPC Registry.

They set out the "practical and strategic considerations in relation to the framing of a protective letter," such as timing and the criteria to be met.

Read more at World Intellectual Property Review (subscription required).

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