The European patent landscape will change significantly with the introduction of the Unified Patent Court (UPC), expected to commence its work in June 2023. The UPC system will provide the opportunity to have a patent enforced or invalidated with one single stroke in all participating EU Member States.
Our UPC Task Force is dedicated to guide you through the upcoming changes in the European patent landscape and has a strong presence in all three Benelux countries. The team advises domestic and international clients, from innovative start-ups to leading multinationals, spanning a variety of fields including pharma, biotech and telecoms. Their work encompasses cross-border disputes as well as advisory work (including strategies, licensing and due diligence). The team’s experienced litigators represent clients in our national courts, at the European Court of Justice in Luxembourg, and of course – once it enters into force – at the Unified Patent Court.
Patents in the Benelux
The UPC will have a strong footprint in the Benelux. Both the Netherlands (The Hague) and Belgium (Brussels) will have a Local Division of the court, while Luxembourg is the seat of not only the existing Court of Justice of the EU (from which the UPC may request preliminary rulings regarding EU law) but also of both the Court of Appeal and the Registry. With prominent Dutch and Belgian judges having been appointed to the local divisions and the Court of Appeal, Benelux judges are well represented in the UPC.