2013 CIOPORA Chronicle
CIOPORA annual magazine on Intellectual Property protection for plant innovations 2013. Produced in cooperation with FloraCulture International. Read in the 2013 issue: - PBR topsy-turvy. How UPOV and its members turn the system upside down - Breeding industry ‘manifesto’ reflects strong visions and daily practice - Marketability of innovation – the power of ideas in horticulture - Contemporary marketing solutions for horticultural businesses - Hydrangeas in a PVR squeeze - Clearly or just about distinguishable? and more...
CIOPORA annual magazine on Intellectual Property protection for plant innovations 2013. Produced in cooperation with FloraCulture International.
Read in the 2013 issue:
- PBR topsy-turvy. How UPOV and its members turn the system upside down
- Breeding industry ‘manifesto’ reflects strong visions and daily practice
- Marketability of innovation – the power of ideas in horticulture
- Contemporary marketing solutions for horticultural businesses
- Hydrangeas in a PVR squeeze
- Clearly or just about distinguishable?
and more...
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Unitary Patent countries & signatories of<br />
the Unified Patent Court Agreement (UPC)<br />
Non-participating EU member<br />
Signatory of the UPC only<br />
Unitary Patent country, but a non-signatory of<br />
the Unified Patent Court Agreement (UPC)<br />
EPO or other patent convention parties (non-EU)<br />
First Instance composed of:<br />
• a central division having its seat<br />
in Paris but having sections<br />
in London (for patents in the<br />
fields of chemistry and human<br />
necessities) and Munich (for<br />
patents relating to engineering<br />
technologies);<br />
• a local division in any contracting<br />
member state wishing to host<br />
such division (additional local<br />
divisions - maximum 4 - can be<br />
created depending on the number<br />
of cases handled each year);<br />
• possible regional divisions set<br />
up by two or more contracting<br />
member states willing to pool<br />
their resources.<br />
The UPC will also comprise<br />
a Court of Appeal located in<br />
Luxembourg.<br />
The agreement contains detailed<br />
rules regarding the jurisdiction of<br />
the UPC divisions which can be<br />
summarised as follows:<br />
• actions for patent revocation (as<br />
main actions) and declaration of<br />
non-infringement will be within<br />
the jurisdiction of the central<br />
division;<br />
• patent infringement actions can<br />
be initiated upon the claimant’s<br />
choice:<br />
- before the local or regional<br />
divisions of the contracting state<br />
in which the defendant is located<br />
or, if the defendant is not located<br />
in a contracting state, or if that<br />
state has no local or regional<br />
division, before the central<br />
division;<br />
- before the local or regional<br />
division of the place of<br />
infringement or, if the<br />
contracting state does not host<br />
such division, before the central<br />
division.<br />
Forum shopping<br />
The agreement thus allows for<br />
considerable forum shopping as<br />
the patent holder will be free to<br />
choose the division before which he<br />
wants to initiate the proceedings.<br />
Such choice will certainly include<br />
(i) language considerations<br />
(proceedings before the central<br />
division will be in the language of<br />
the patent and proceedings before<br />
local divisions will be in the local<br />
language) (ii) the average speed<br />
of the proceedings, (iii) the court<br />
structure (divisions will all comprise<br />
legally and technically qualified<br />
judges but their number will differ<br />
depending on the divisions), and<br />
(iv) the case law and win-rate of the<br />
divisions.<br />
The agreement will enter into<br />
force after it is ratified by at least<br />
13 participating member states,<br />
including France, Germany and<br />
the UK. During the transitional<br />
period of seven years after its<br />
entry into force, national courts<br />
will retain jurisdiction for actions<br />
regarding European patents.<br />
During this transitional period, the<br />
right holders can opt out from the<br />
exclusive jurisdiction of the UPC;<br />
unless an action has already been<br />
brought before a national court,<br />
the patent holders are entitled<br />
to withdraw their opt-out at any<br />
moment.<br />
This “patent package” will probably<br />
enter into force in 2014 or 2015.<br />
It will then be up to the users to<br />
make it a success. |||<br />
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Moerheim New Plant BV | Weteringweg 3a<br />
2155 MV Leimuiderbrug | The Netherlands<br />
Tel. +31 (0)172 506 700 | Fax +31 (0)172 506 675<br />
info@moerheim.com | www.suntorycollection.info<br />
BY<br />
About the authors<br />
Thomas Bouvet is an attorney-at-law specialized in patent and plant<br />
breeder’s rights litigation. He is a partner of Véron & Associés a<br />
French law firm whose activity is entirely devoted to patent litigation.<br />
Laura Romestant is a trainee working for the same law firm.<br />
<strong>CIOPORA</strong> <strong>Chronicle</strong> April <strong>2013</strong> | www.FloraCultureInternational.com 25