UPC Online Seminar

You have certainly read in specialised press that, after almost endless barriers and decision-making processes, the European Unified Patent System (Unified Patent Court) is now finally coming and will start its work at the end of 2022, at the latest at the beginning of 2023.

The starting signal for the Unified Patent Court was the right time for us to launch a comprehensive seminar series: UPC Online. Our motivation being that we wanted to ensure that you can prepare for the new requirements in the best possible way and in accordance with the law.

As specialists in IP litigation, we not only want to explain the basic features of proceedings before the UPC, but also guide you through all the procedural intricacies. To this end, the speakers will go through the entire procedure before the UPC from the preparation of a lawsuit to the enforcement of a decision. We want to provide you with the basis for the upcoming important strategic decisions, because only those who know exactly the opportunities and the challenges of the proceedings before the UPC can make comprehensive decisions.

We divide this extensive field of issues into eight individual online seminars and offer you our comprehensive expertise free of charge. Please refer to the other dates following down below.

Our speakers have been dealing with the UPC for years and are well-versed with the ongoing preparations. This will guarantee that we always keep you up to date on the latest developments.

For instance, our partners Miriam Kiefer LL.M. and Dr Christof Augenstein comment on the Unified Patent Court (UPC) in the Beck Online Commentary Fitzner/Lutz/Bodewig, among others. Dr. Augenstein is also co-editor of the international commentary Augenstein/Wilson/Agé on the procedural law of the UPC, for which he and Miriam Kiefer LL.M. are also authors. Finally, Dr Christof Augenstein is chair of the Standing Committee Unitary Patent/Unified Patent Court (UP/UPC) Q 243 at AIPPI (Association Internationale pour la Protection de la Propriété Intellectuelle – International Association for the Protection of Intellectual Property) and is active for CEIPI (Center for International Intellectual Property Studies at the University of Strasbourg).

We offer each seminar at separate start times in German and English. You have the choice of registering for the individual dates.

The individual online seminar topics can be found in the programme overview below.

We look forward to your virtual arrival!

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Programme Overview – UPC Online Seminars 2022

20. April 2022

  • Overview of current developments and next steps
  • Litigation under the UPC: the structure and usual course of proceedings
  • Pros and cons of the opt-out: tactical and strategic considerations on the corporate side
REGISTRATION
VIDEO

25. May 2022

  • Application of substantive rules of the UPC Agreement on national proceedings
  • Differences to German national law, in detail

a). Contributory patent infringement
b). Discretionary decisions of the court on claims of patent proprietor, particularly on claims for injunctive relief
c). Limitation period

REGISTRATION
VIDEO

22. June 2022

  • Pre-litigation conduct of the parties
  • Proceedings for taking of evidence
  • Necessary contents of the application
  • Language of the proceedings, articles 49-51 of the UPC Agreement
REGISTRATION
VIDEO

27. July 2022

  • General procedural rules (Case Management, Rules 331 et seq.)
  • Amendment of the action, Rule 263, right to be heard, Rule 264, withdrawal of the action, Rule 265
  • Joininder and severance of proceedings
  • Majority of parties
REGISTRATION

24. August 2022

  • Designation and tasks of the Judge Rapporteur
  • Preliminary objections and their procedural handling
  • Statement of defence and counterclaim for declaration of nullity
  • Options of the board for deciding on the nullity, Art. 33 (3) UPC Agreement
  • Assignment of a technical judge, Rules 33, 34 and 37
  • Interlocutory proceedings and oral proceedings in detail
REGISTRATION

28. September 2022

  • Judgement by default
  • Interlocutory injunction proceedings
  • Isolated nullity proceedings
  • Negative declaratory proceedings
  • Appeal and complaints procedure
  • Restitution proceedings
single registration

26. October 2022

  • Enforcement of decisions
  • Original competences of the UPC
  • Appropriateness of penalties
  • Costs of proceedings
  • Limitation of recoverable costs
  • Assessment of fees according to the amount in dispute
REGISTRATION

30. November 2022

Sample Set of Motions

Including

  • Request for injunctive relief
  • Scope of information, recall, extermination
  • Regular provision of security?
  • Amount of provisional compensation, R. 119
REGISTRATION