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UPC impact – how will jurisprudence develop?

Posted on 2 March 2023

Partner Campbell Forsyth took part in a webinar at 5pm GMT on Monday 13 March 2023 with Gwilym Roberts, Chair of Kilburn & Strode, as part of a series of discussions looking at the potential impact of the Unified Patent Court (UPC). Gwilym and Campbell discussed how the UPC judiciary may develop the law on key points of patent law and procedure, including:  

  • Rules of procedure – mix of common law and codified – how could this develop without the UK?
  • Rule 5 jurisdictional disputes – will the UPC have authority over non-contracting states?
  • Judicial conflicts – how big a satellite issue could this become?
  • Will the UPC decide Arrow declarations are allowed or not?
  • Doctrine of equivalence – where next?
  • Approach to preliminary injunctions and interaction with oppositions

Watch the recording here.

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