Report of the Litigation Committee

K. Finnilä (FI), ChairK. Finnilä (FI), Chair

The Litigation Committee will meet on 10 October 2023. This will be the last meeting of the committee for the present term.

We reported extensively for epi Information 02/2023 including a report from our last meeting on 28 March 2023.

UPC Administrative Committee and the UPC IT Team

The most recent 7th meeting with the UPC IT Team was on 29 August 2023. The UPC Registrar has been present at these meetings since the beginning of the year, which has shown to be very valuable. At the time of the meeting there were over 50 cases pending before the UPC. The number of opt-outs was about 550 000.

The UPC IT Team and the Registrar are continuously working on improvements of the system. Two noteworthy improvements in the pipeline are (i) a possibility for a case team to work on a case in the CMS and (ii) simplified CMS “self-correction” arrangements, e.g. for representative data etc. The next 8th meeting is scheduled for 23 October 2023.

The next 8th meeting of the UPC Administrative Committee will take place on 27 September 2023.

The Litigation Committee

Executive and the Sub-Chairs of the subcommittees have reviewed the work progressed during this term. A review of the status of virtual proceedings before national courts will be updated by the “Virtual Proceedings” subcommittee. The subcommittee on “Representation and Privilege” will have a possibility to join the sessions of the WIPO Standing Committee on Patent Law to directly follow-up on the international Client-Patent Attorney privilege discussions. Some potential changes regarding the subcommittees and their focus have been discussed.

The next 04/2023 epi Information will include a report on the Litigation Committee meeting mentioned above. Hopefully we are then also able to report on the planned improvements of the UPC CMS in more detail.