By Accura Advokatpartnerselskab
With the launch of the upcoming Unified Patent Court (UPC), a brand-new set of applicable procedural rules (UPC Rules of Procedure) will enter into force.
In various ways, the UPC Rules of Procedure are fundamentally different from the litigation procedures in many UPC Member States.
The UPC employs a so-called front-loaded procedural system meaning each party must present its entire case (including the relevant evidence) in the first written submission. This system differs from that of many European jurisdictions, including Denmark, where the parties may produce relevant evidence continuously throughout the preparatory part of the case.
In addition, the UPC procedure operates with very tight deadlines for the parties’ filing of written pleadings. The front-loaded system paired with the tight deadlines entails that the parties to a UPC litigation must be able to promptly allocate significant resources to make their full case.
Consequently, patent holders and businesses in patent dominant markets and industries are advised to have a UPC patent litigation procedure in place, both to be able to swiftly address infringements of own patents and to respond to allegations of infringements within the tight deadline(s). In short, you have to be prepared!
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