{"id":10646,"date":"2025-06-19T14:34:33","date_gmt":"2025-06-19T14:34:33","guid":{"rendered":"https:\/\/www.dhenne-avocats.fr\/?p=10646"},"modified":"2026-08-28T01:21:52","modified_gmt":"2026-08-28T01:21:52","slug":"deux-ans-de-jub-une-lecture-critique-et-juridique-de-la-juridiction-unifiee-du-brevet","status":"publish","type":"post","link":"https:\/\/www.dhenne-avocats.fr\/en\/deux-ans-de-jub-une-lecture-critique-et-juridique-de-la-juridiction-unifiee-du-brevet\/","title":{"rendered":"Two years of the UPC: a critical legal reading of the Unified Patent Court"},"content":{"rendered":"

Le 1<\/strong>\u1d49\u02b3<\/strong> juin 2023<\/strong>, the Unified Patent Court (UPC<\/a>) formally began operating, giving effect to a long-awaited reform of patent litigation in Europe. Two years on, it is time to move from surface commentary to a analyse structur\u00e9e et critique<\/strong>.<\/p>\n

That is the purpose of the series of articles we are launching today: a enqu\u00eate doctrinale et strat\u00e9gique<\/strong>, at the rate of two publications a week until the end of July<\/strong>, intended to bring out the strengths and the fault lines of the judicial system thus established.<\/p>\n

A multi-level exploration of the UPC system<\/h2>\n

Beyond the fanfare that accompanied the birth of the UPC, the time has come to examine how it actually works \u2014 its aporias, its potential and its tensions<\/strong>.<\/p>\n

The UPC rests on a structural balance that is in many respects paradoxical<\/strong>. Born of an international treaty, it nonetheless sits squarely within the normative environment of the European Union, whose rules it applies and whose tensions it undergoes. Presented as a court with exclusive jurisdiction over unitary patents<\/strong>, it nevertheless coexists, under the current transitional regime, with the national courts \u2014 at the risk of fragmenting litigation.<\/p>\n

Pens\u00e9e comme un instrument de centralisation<\/strong>, it is in reality organised around a complex web of local, regional and central divisions, which introduces forum considerations and even competition between courts strat\u00e9gie proc\u00e9durale exigeante<\/strong>, o\u00f9 chaque choix\u00a0: juridiction, langue, calendrier, peut s\u2019av\u00e9rer d\u00e9terminant, voire risqu\u00e9.<\/p>\n

As an unprecedented judicial experiment, the UPC cannot be assessed by a simple stocktaking.<\/strong> It must be examined in its workings: what logic truly governs its organisation? What institutional autonomy is guaranteed to it? How does it interact with the national and European legal orders? And what does its practical use reveal for those who rely on the system \u2014 SMEs, inventors and patent proprietors?<\/p>\n

Each article in this series will address one of those aspects, \u00e0 la lumi\u00e8re de d\u00e9cisions rendues, de textes applicables, mais aussi de la pratique contentieuse en cours de structuration<\/strong>.<\/p>\n

A series launched to mark the UPC\u2019s second anniversary<\/h2>\n

This legal and doctrinal project is set in a symbolic timeframe: the Court\u2019s first two years of activity.<\/p>\n

Two years in the course of which:<\/p>\n