After nearly 50 years and various attempts to have a ‘unified patent system’ in Europe, on 1 June 2023 we saw the dawning of a new era with the opening of the Unified Patent Court (UPC) and the beginning of a new patent regime with the Unitary Patent (UP).
This article will discuss the principles relating to the interaction between the UPC and national courts when enforcing UPC decisions and orders, as well as the as yet undefined aspects of these applications.
Article 35, paragraph 1 of the Unified Patent Court Agreement (“UPCA”) provides for the creation of a patent mediation and arbitration centre (Centre) seated in Ljubljana and Lisbon.
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