At the end of 2012, the EU agreed to move forward with the creation of a Unified Patent Court to provide an option for centralized patent litigation in the EU. The precise arrangements have yet to be finalized and the new system will take some time to get up and running, but it is already clear that London and English law in particular will play a leading role, with a biotechnology and chemistry specialist centre of the Central Division based here and many patents (and the relevant prior art) written in English.
Members of chambers are well placed to assist clients in navigating this new landscape both in the UK and elsewhere in the EU. 8 New Square provides one of the best combinations of experience in Europe of (i) infringement and validity cases at trial (ii) oppositions in the EPO (including before the TBA and EBA) and (iii) patent and other IP cases under EU law in the European Court of Justice. Members of 8 New Square have been involved in more than 60 cases at the Court of Justice in the field of intellectual property law, including almost all of the significant recent cases in the areas of patent law and related jurisdictional issues which have already been harmonised by EU rules. Members of chambers are comfortable in all of these fora, as well as before arbitral panels with members drawn from different countries. The new system, which will operate under EU law, is likely to require experience drawn from all of these areas.
Members of 8 New Square have been providing input into the drafting of rules of procedure and will be continuing to work to ensure that the system provides speedy and efficient dispute resolution for those who choose to use the UPC instead of national courts.