JOURNAL ARTICLE

European Patent Enforcement and the UPC: Status Quo and Perspectives ‒ Conference in Luxembourg, 24 and 25 November 2022.

  • Published In: GRUR International: Journal of European & International IP Law, 2023, v. 72, n. 8. P. 774 1 of 3

  • Database: Legal Source 2 of 3

  • Authored By: Kapischke, Justus 3 of 3

Abstract

The article reports on a November 2022 conference in Luxembourg addressing the current status and future perspectives of European patent enforcement under the Unified Patent Court (UPC) system. Experts from academia, judiciary, and practice discussed key topics including infringement doctrines (notably the Doctrine of Equivalents), provisional and permanent injunctions, damages calculation, and the UPC's role in developing harmonized patent law principles such as accessory liability. The conference highlighted differences and commonalities among national approaches from countries like Germany, the UK, France, the Netherlands, and Nordic states, emphasizing challenges in harmonizing standards while respecting EU law and the UPC Agreement (UPCA). It concluded that the UPC will play a significant role in shaping unified patent enforcement across Europe, with ongoing debates expected on procedural and substantive issues.

Additional Information

  • Source:GRUR International: Journal of European & International IP Law. 2023/08, Vol. 72, Issue 8, p774
  • Document Type:Article
  • Subject Area:Geography and Cartography
  • Publication Date:2023
  • ISSN:26328550
  • DOI:10.1093/grurint/ikad040
  • Accession Number:171966661
  • Copyright Statement:Copyright of GRUR International: Journal of European & International IP Law is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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