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2 June 2023PatentsMarisa Woutersen

IP dignitaries herald UPC launch with virtual ceremony

Antonio Campinos and Klaus Grabinski discussed innovation, accessibility, and the future during a live celebratory event.

Yesterday’s official launch of the Unified Patent Court (UPC) was welcomed with fanfare by Europe’s IP institutions.

The European Patent Office (EPO) hosted a virtual ceremony celebrating the court’s launch.

Speakers included António Campinos, President of the European Patent Office (EPO), Klaus Grabinski, President of the UPC Court of Appeal, and Thierry Breton, European Commissioner for Internal Market.

However, the historic day was not without its challenges, as the morning saw a surge in user activity on the court’s case management system (CMS), causing slowdowns that have beset the court for months.

The launch of the UPC marked a turning point for the European patent system, ushering in “a new era of finance, accessibility and inclusivity” said Campinos in his opening speech.

Grabinski expressed his admiration for specific provisions of the European patent convention. Particularly highlighting the visionary nature of article 142.

According to Grabinski, the provision reflects the foresight of the convention's creators who envisioned “there would be a group of contracting EPC states that in a special agreement would lay down the legal basis for European patent of unitary character.”

Future promise

Highlighting the central role of the patent system, Campinos emphasised the UPC’s ability to drive “technological breakthroughs” by “providing the incentive for research and investment required to develop technologies”.

He further noted IP as a significant “source of capital in an increasingly volatile world”, drawing attention to how “IP-intensive industries generate nearly half of US GDP”.

Campinos acknowledged the need to do more to make the system “more accessible”, particularly for the 23 million SMEs “which contribute, on average, 56% to European economies, but account for just a fifth of patent applications”.

He expressed confidence that the UPC’s accessibility will help address these issues.

Grabinski: ‘A truly European court’

One of the key advantages of the UPC addressed by Grabinski is its multinational composition, with a “multitude of member states with multinational panels of judges” making it a “truly European court”.

This characteristic ensures that the court embodies a European spirit, bridging national boundaries and fostering a unified approach to patent law, said the court’s most senior judge.

Additionally, the UPC “will build on the existing case law of the national courts and the EPO”, showcasing a comprehensive understanding of European patent law, he said.

Campinos said the automatic coverage in 17 member states afforded by a Unitary Patent allows Europe to “better compete with economic players like the US and China”.

These are places “where it was always possible to obtain patent protection for all the market in only one court” added Grabinski.

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