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28 October 2015PatentsPaul Kavanagh and Dylan Balbirnie

Forum-shopping at the UPC

Article 1 of the Unified Patent Court (UPC) agreement declares the UPC to be a “court common to the contracting member states”. However, within the “common” court there will be numerous divisions, a number of which may be competent to hear any given dispute. Yet, each division will have its own particular characteristics. This article considers the scope for ‘division-shopping’ within the UPC and the factors that litigants should keep in mind when doing so.

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