The sunrise period, which precedes the start of the UPC by three months, will start on March 1st.
The sunrise period will be strategic in the preparation of your future litigation, whether it is an action for invalidity or an action for infringement, as a claimant or in defense.
CHECK THE JURISDICTION OF THE UPC FOR YOUR CASE
The UPC will have exclusive jurisdiction for patents with unitary effect and European patents in matters of infringement, invalidity or non-infringement of patents and SPCs, or provisional and conservatory measures, as well as for disputes relating to the use of the invention before the grant of the patent.
In order to avoid a cancellation action against your European patents which would be brought before the UPC as soon as it starts, it will be possible, as from the sunrise period, to file opt-out requests with the UPC, in order to avoid its exclusive jurisdiction.
Beforehand, it is recommended to check the ownership of the patent that grounds your right to act, and the update of the register.
SECURING YOUR EVIDENCE AND ANTICIPATING ADVERSE CLAIMS
The UPC offers a wide range of means of proof, including a system similar to the French saisie-contrefaçon. This system will only be available after the UPC has started. It is however recommended to gather all accessible evidence as soon as possible.
In the absence of jurisprudence, for evidence collected in France, the use of a bailiff remains recommended.
In order to hedge against requests for provisional measures from third parties, the mechanism of the protective letter can be implemented from the start of the UPC.
PREPARING YOUR WRITTEN SUBMISSIONS PROCEEDINGS
The Agreement provides for a presentation of the claims in a document initiating the proceedings, or a statement of claim, and specifies the compulsory mentions.
Depending on the circumstances of the dispute, in particular the local or regional division chosen, or the language in which the patent is drafted, we will organize the translation of the documents.
The parties must “set out their full case as early as possible in the proceedings”, which places a high burden of proof on the applicant.
This document will have to be filed with the UPC’s registry or sub-registry in electronic format, via an official form that will be available online.
The registry will then proceed, “as soon as possible”, to enlist the case in the registry and attribute it to a chamber of a division or assign it to a single judge.
If such a document is served to you as a defendant in proceedings before the UPC, a prompt reaction and organization is essential for your defense, the timeline of procedure being very short.
It is therefore recommended to be assisted by a coordinated and integrated team of technicians, patent attorneys and lawyers in order to manage and coordinate all the aspects of your case.
LAVOIX can advise you through all of these stages for a full protection of your assets before the UPC.