The UPC covers a market of more than 300 million consumers, as an alternative to the current system of litigation in each country.

That means patent owners are able to obtain Europe-wide injunctions from a single set of legal proceedings, but will also risk having their patents revoked with Europe-wide effect.

The UPC runs in parallel with the existing national systems for at least seven years, with the possibility to opt traditional European patents out of the new system. Newly granted patents can also be opted into the UPC system exclusively by being granted as “unitary patents”.

The new regime changes tactics and economics driving the behaviour of litigants.

At Freshfields, we have leading practices in the national patent systems on which the new UPC system is based, we’ve been closely involved in its development and we are representing a number of clients in the UPC already. 

As a firm, we’re ideally placed to help you navigate the new system to achieve your commercial goals.