Description
Fide holds this session ON-SITE at MADRID. In order to attend it is essential to request your assistance through the AreaFide platform*.
IMPORTANT
The session will be held in English.
- Ángel GALGO PECO, President of the 32nd Section of the Provincial Court of Madrid
- Klaus GRABINSKI, President of the UPC Court of Appeal.
- David PELLISÉ URQUIZA, Managing Partner of Pellisé Abogados
- Manuel DESANTES REAL, Professor of Private International Law, University of Alicante and member of FIDE’s International Academic Council. Fide Academic Advisor
Objectives:
On June 1st, 2023, the Unified Patent Court (UPC) came into operation, and the Regulations (EU) 1257/2012 and 1260/2012, which establish the unitary European patent and its linguistic regime, started to be applied. This marks the culmination of a project that dates back to the early 1960s.
The uncertainties that arise with the establishment of any new institution are heightened in this case due to various factors. Firstly, the innovative nature of the UPC, both in terms of its legal nature as an international court and a court belonging to the judicial power of the Member States, its jurisdiction, structure, organization, and operating rules. Secondly, the potential impact on the functioning of the Court resulting from the multinational origin of the judges, each with their own legal culture. Thirdly, the context in which the new Court is being established, with the maintenance of existing national judicial structures that serve as an alternative forum based on the preferences of the rights holders (opting out). Finally, the existence of Member States, currently ten, that do not participate in the system.
On the other hand, the emergence of this new institution in the European patent law landscape occurs at the beginning of Spain’s assumption of the presidency of the Council of the European Union. Spain is one of the three Member States that have not signed the Agreement on the Unified Patent Court.
In this scenario, FIDE considers it of utmost interest to organize a roundtable discussion that serves as a framework for reflecting on the consequences that the start of the UPC’s operations may have for Spain and the various Spanish stakeholders operating in the field of patents and innovation. The discussion will address, among other issues, the possibility for Spanish professionals to participate in the UPC, the treatment of cases with connections to Spain, and the influence of the doctrine established by the UPC on the resolution of proceedings before Spanish courts.
To this end, we will have the presence of Dr. Klaus Grabinski, President of the Unified Patent Court, who will be visiting Spain for the first time in such capacity. Joining him will be David Pellisé, Managing Partner of Pellisé Abogados, and Ángel Galgo Peco, President of the 32nd Section of the Provincial Court of Madrid, all moderated by Manuel Desantes Real, Professor of Private International Law at the University of Alicante and member of FIDE’s International Academic Council.
Methodology: The dynamic of the session will respect the usual rules of Fide and the participation and interaction of the speakers and attendees as well, making only the changes required for its celebration on line. All sessions organized at Fide are convened under the Chatham House Rule, participants have the right to use the information they receive, but neither the identity nor the affiliation of any other participant may be revealed.
Schedule: The session will be held from 3.00 to 4.30 pm. Prior to the session, there will be served some snacks and drinks at 2.15 to 2.50 pm.
Location: SIN UBICACIÓN DEFINIDA
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