The error in the new UPC system, by Christof Augenstein, Preu Bohlig & Partner

The Contracting Member States promised to the users of the new Unified Patent Court (UPC) that the proceedings and judgements will ensure highest quality. To this end, the Agreement on the Unified Patent Court (UPCA) requires that judges should comply with highest standards in patent litigation. Unfortunately, representatives do not need to fulfil this standard, as the new draft for the European Patent Litigation Certificate (EPLC) confirms.

The UPC will establish a completely new system for civil law proceedings. It will be the first court on a European level that decides about claims between private parties. Therefore, it will not only harmonize partly national procedural rules, but also needs to harmonize completely different legal traditions. This will be a challenge to every lawyer that is in charge of any matter at this new court.

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