European Judges' Forum 2024

The European Judges’ Forum in Venice has brought together leading experts to discuss key developments in patent law and practice, including UPC jurisprudence.

On 4 and 5 October, the annual European Judges’ Forum took place in Venice. Jointly organised by the Intellectual Property Judges Association, the European Patent Lawyers Association, and the Academy of the European Patent Office (EPO), the event brought together leading European patent judges from the Unified Patent Court (UPC), the EPO’s Boards of Appeal, and national courts. They were joined by litigators and EPO representatives for a series of high-level discussions on patent law developments.

In his opening address, EPO President António Campinos highlighted the important contribution that expert exchanges at the forum have made and will continue to make to the evolution of the UPC, in order to fully complete its architecture. More than 38 000 requests for unitary effect received to date do not only demonstrate the Unitary Patent system’s “initial success, but the growing trust and attractiveness of this unified approach to patenting across Europe.”

Moreover, underlining the conclusions reached by Mario Draghi in his recent report on the future of European competitiveness for the European Commission, the President confirmed that “adopting the Unitary Patent system across all EU Member States would cut costs, provide uniform protection, and bring clarity to patent disputes before the UPC.”

The road ahead

Highlighting that it was users’ express demand to have patent cases heard by a specialised court with Europe’s most experienced patent judges, President Campinos went on to stress the importance of preserving the jurisdiction and international competitiveness of the UPC and its Patent Mediation and Arbitration Centre for patent matters, including when it comes to supplementary protection certificates (SPCs) and standard-essential patents. He concluded that "while both the Unitary Patent and UPC have enjoyed a strong start, it’s clear the journey is far from over. The road ahead is expansive and demanding but holds great potential. "

This year’s European Judges’ Forum at a glance

The event’s programme covered a variety of important topics, including liability for contributions to infringing acts. There was also a mock trial and an insightful panel discussion on the lessons learned from the UPC’s first year of operation. Further engaging discussions took place on FRAND, enablement and the latest on SPCs, providing insights into key issues in current patent litigation.