Considerations for remaining subject to the UPC's jurisdiction (i.e. not opting out)
- You may be able to obtain a pan-EU injunction throughout the participating Member States in a single infringement action before the UPC.
- The target timeline for resolution of first instance proceedings within the UPC is 12 months, which while equivalent to proceedings before the English, Dutch and German Courts is significantly better than proceedings before many other national Courts.
- After a transitional period of 7 years (likely to be extended to 14 years), you won’t be able to opt-out new EPs. Why not gain experience of the new system first hand and influence its development?
- You may not have a choice. If you in-license a patent you may not have control over whether to opt-out that patent.