We are witnessing the biggest revolution in European patent law since its beginnings. Around 2022/2023, you will be able to obtain protection of your invention in 17 EU countries with a single European patent. An inseparable part of this system is the Unified Patent Court (UPC), which is now being established as the first international court in the history of the world which will have jurisdiction to settle disputes between private law entities.

The introduction of a unitary patent system presents new opportunities and prospects for patentees, but also real business risks. This is because the “rules of the game” that have applied so far in patent litigation are changing. There is therefore a need for a fresh look at business strategies in this area, both from the point of view of choosing a European patent protection system (a “classic patent” or one with unitary effect) and avoiding the risks associated with infringement.

The unitary effect of a European patent means that, in the event of a dispute, the patentees can lose protection for their invention in a number of countries at any one time. For potential infringers of such        a patent, on the other hand, losing a legal battle before UPC could lead to the loss of several markets for the product at issue.

Although Poland has not yet joined the unitary patent protection system, Polish entities may still choose    to protect their inventions in this system and also participate in disputes before the UPC. How to prepare for the patent revolution is something worth looking into right now.

 

You are invited to hear experts’ views and join discussions at the conference: Ready or not? Polish and European challenges in light of the upcoming Unified Patent Court (UPC).

 

 

About the conference #UPC :

  • Poland’s first international conference on the creation of the Unified Patent Court bringing together academics, professional attorneys and businesses
  • Meeting of leading European and national experts in the field of patent protection
  • Debate by practitioners and businesses on the opportunities and threats involved in the introduction of the unitary patent and the creation of the Unified Patent Court
  • Education on the upcoming new reality of the UPC functioning in Europe
  • Opportunity to exchange views and learn about different strategies for dealing with the new reality in the patent world

 

 

The conference is dedicated to:

  • Innovative companies operating in Poland and on the European market (legal departments, R&Ds)
  • Entrepreneurs and scholars from various market sectors, including automotive, chemicals, pharmaceuticals, cosmetics and life-science
  • Higher education institutions and research institutes
  • Representatives of the academic world, professional attorneys specialising in intellectual property law (in particular patent law)
  • Civil servants
  • Employees of business-related organisations
  • Journalists

 

 

Online conference, free of charge,registration required

Conference will be in English and Polish, with simultaneous interpretation into both languages

Organiser: JWP Patent & Trademark Attorneys

 

Expert Partners : European Patent Litigators Association (EPLIT)

 

Partners

Media partners

Internetional Conference about upcoming European Patent Court #UPC 21 Sept’22

Agenda

11:45-12:00 Break

12:00 – 12:15 The Role of European Patent Attorneys Before the UPC

12:15 – 12:30 Opt-outing or not from the UPC in Poland and elsewhere: elements to consider

12:30 – 12:45 Poland’s road to UPC – can you exit the EU highway without losing economic speed?

12.00-13.00 Lunch break

13:30 – 14:15 Panel discussion on anticipated benefits and challenges of launching and operating the Unified Patent Court in Europe

14:15 – 14:30 Break

BUSINESS PANEL:Entrepreneurs and scientific institutions in light of the forthcoming revolution in patent law

14:30 – 16:00 Experts

16:00 – 16:30 Q&A – session

16:30 – 17:00 Closing of the conference and networking

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    21 September 2022

    Polish and European challenges in light of the upcoming Unified Patent Court

    AGENDA

     

    09:00 – 09:30
    Opening of the conference

    Dorota Rzążewska

    Managing partner, JWP Patent & Trademark Attorneys


    Introduction to the conference and presentation of the invited speakers

    Tomasz Gawliczek, PhD

    JWP Patent & Trademark Attorneys


    Piotr Godlewski

    JWP Patent & Trademark Attorneys


    ACADEMIC PANEL:

    UPC from the perspective of international, European and Polish law – where are we now and where are we going to?

     

    Moderator:

    Tomasz Gawliczek, PhD

    Patent attorney, attorney-at-law, EPLIT member, JWP Patent & Trademark Attorneys


    He specializes in combating unfair competition and protecting industrial property rights, in particular in having industrial property rights enforced in court and with the use of ADR. He has extensive experience gained in IP proceedings before, among others, Polish courts, the Polish Patent Office and the Court of Justice of the European Union in Luxembourg. Tomasz Gawliczek, PhD, assists entrepreneurs at all stages of IP-related disputes: he develops comprehensive strategies on how to proceed, negotiates settlements and represents clients before industrial property offices (Polish Patent Office, EUIPO) and before IP courts and administrative courts. As one of the first Polish lawyers, he completed specialist postgraduate studies at the University of Strasbourg in France in the field of handling cross-border patent disputes in Europe, including preparation to represent clients before the Unified Patent Court (UPC). He has been interested in the topic of uniform patent protection for several years and has been disseminating knowledge in this area in Polish and international press. He is a member of the European Patent Litigators Association, which promotes fair, effective and party-friendly patent litigation in Europe. He was awarded a degree of Doctor of Social Sciences in the field of legal sciences at the University of Wrocław, where he completed full-time doctoral studies and subsequently defended his thesis on criminal-law protection of trademarks. He currently lectures on criminal law at a patent attorney training course. He has gained his teaching and training experience as a lecturer at a higher education institution and as a speaker at national and international trade conferences in the field of design, e-commerce, and life science. He has an excellent command of English and Spanish, which he uses in his work.

    09:30 – 09:45
    Legal milestones towards the UPC

    Tamar Khuchua, PhD

    Postdoctoral Research Fellow at L’Institut d’Études Politiques de Paris (Science Po Paris)


    Tamar Khuchua is a post-doctoral researcher in the field of intellectual property law at the Centre for the Sociology of Organisations (SCO) at Sciences Po Paris within the interdisciplinary research project “Unified – Transnational Institutionalisation from Interregional Diversity: The Emergence of the European Unified Patent Court.” She observes how the French and German patent circles (industrial actors, lawyers, patent attorneys and judges) prepare for the emergence of the new European Unified Patent Court (UPC). Tamar has obtained her joint doctoral degree in 2021 from the University of Strasbourg and the Queen Mary University of London within the European Intellectual Property Institutes’ Network – Innovation Society (EIPIN – IS) European Joint Doctorate under Marie Skłodowska-Curie Actions. Attached to the Centre for International Intellectual Property Studies (CEIPI) in Strasbourg, she wrote her PhD thesis on the patent court system in Europe (Thesis title: “The Future of the European Patent Judicial Design: In Search for Uniformity”). Tamar has also been a visiting researcher at the European Patent Institute (EPI), the European Union Intellectual Property Office (EUIPO) and the Court of Justice of the European Union (CJEU). In 2016 Tamar has obtained her master’s degree in law from Lund University, Sweden, upon completion of the European Business Law programme; and in 2013 her bachelor’s degree in law from Tbilisi State University, Georgia. Tamar regularly presents her research at European and international conferences (e.g., Maastricht University, University of Alicante, Max Planck Institute for Innovation and Competition, Queen Mary University of London, University of Strasbourg, Stockholm University, UCLouvain & Saint-Louis Brussels, Institute of European Studies of Macao). She has published as an author and a co-author in international peer-reviewed journals (e.g., Journal of Intellectual Property, Information Technology and E-Commerce Law, Nordic Journal of European Law).

    09:45 – 10:00
    Legal uncertainties over the status of the Unified Patent Court

    Manuel Desantes Real

    Professor at the University of Alicante, Of Counsel at ELZABURU


    10:00 – 10:15  
    Better in than out: the EU magnet effect of the UPC

    Laurent Manderieux

    Professor at Bocconi University (Milan), Chair of the European IP Teachers' Network (EIPTN)


    Laurent Manderieux is Professor of Intellectual Property Law at L. Bocconi University of Milan, Italy, Member of the Directorate Board, Bocconi LL.M in Law of Internet Technology, Director, Bocconi Summer Schools in Law, Chair, European IP Teachers’ Network, Coordinator, Transatlantic IP Academy, and is invited Professor / Lecturer of Intellectual Property Law in Universities and Training institutes in many countries of Europe, the Americas, Asia, and Africa. In addition to his IP teaching, numerous Publications, and IP research activities at Bocconi, one of the most prestigious and high-ranked Universities in the European Union, Laurent Manderieux is Senior Intellectual Property Expert for various international Organisations and governments. He was for many years Official and Senior Official at the World Intellectual Property Organization (WIPO) in Geneva, Switzerland: in particular, as Head, WIPO Public Affairs and Media Relations, he took care of training and information for government officials, lawyers, researchers, scientists, and business circles (in this capacity he prepared training material and IP publications, and made up to 100 presentations per year). Before joining WIPO, he also worked for the Food and Agriculture Organization of the UN (FAO) in Rome, Italy; and at the European Union in Brussels. Over the last two decades, he wrote numerous publications and studies, and undertook international projects for the EU, the EPO, UNDP, UNCTAD, WIPO, IDLO, OIF, and various Governments. In this context, visited some 145 countries. He works in French, English, Italian, Spanish, and German.

    10:15 – 10:30  
    UPC for SMEs: Beneficial or not?

    Krista Rantasaari, PhD

    Post-doctoral Research Fellow at Tampere University


    Krista Rantasaari works as a Postdoctoral Research Fellow at the University of Tampere, Faculty of Business and Management. She is also a researcher in a Share Inno Project that is a consortium between the University of Helsinki and the University of Lapland and studies sustainable innovation systems. She has earlier worked in University of Turku where she defended her doctoral thesis "Patent litigation in Europe: Can start-Ups and growth companies defend their rights?. Prior to her academic career Krista has functioned as lawyer and public affairs expert in the venture capital and public affairs industry. Her areas of interest are intellectual property law, company law and competition law. Currently, she focuses on the unitary patent regime and in addition, to patent valuation from a perspective of sustainability.

    10:30-10:45  Break

     

    10:45 – 11:00 
    What is the problem in European Patent litigation that the UPC seeks to solve?

    Luke McDonagh, PhD

    Assistant Professor of Law at The London School of Economics and Political Science


    Luke McDonagh, PhD is an Assistant Professor at LSE Law School. He undertakes research in the area of Intellectual Property Law. Prior to taking up his position at LSE he was a Senior Lecturer at City, University of London (2015-2020), a Lecturer at Cardiff University (2013-2015) and LSE Fellow (2011-13). Luke holds a PhD from Queen Mary, University of London (2011), an LL.M from the London School of Economics (LSE) (2006-7) and a B.C.L. degree from NUI Galway (2002-05). Luke has published widely in respected journals including “The Modern Law Review”, “Journal of Law and Society” and “Intellectual Property Quarterly”. Luke is the author of the monograph “European Patent Litigation in the Shadow of the Unified Patent Court” (Edward Elgar, 2016) and the co-author (along with Prof. Stavroula Karapapa of the University of Reading) of the textbook “Intellectual Property Law” (OUP, 2019). His most recent monograph is “Performing Copyright: Law, Theatre and Authorship” (Hart, 2021).

    11:00 – 11:15
    What needs to be done before the start of the UP/UPC system?

    Bart van Wezenbeek

    Institute of Professional Representatives before the European Patent Office (epi)


    Bart van Wezenbeek has obtained master degrees in biology and in (Dutch) civil law and has worked as European and Dutch patent attorney both in industry and in private practice. Further, he has served as deputy justice in the appeal court in The Hague. He is a tutor on the IPKM master’s course at the University of Maastricht and also a tutor in CEIPI and epi. Within epi Bart is the Dutch national representative on the professional education committee and as such he has been speaking on several educational events all over Europe, including seminars on the unitary patent and the unified patent court.

    11:15 – 11:30
    Jurisdiction of the Unified Patent Court in supplementary protection certificate (SPC) matters

    Justyna Ożegalska-Trybalska, PhD, DsC

    The Intellectual Property Law Chair of the Jagiellonian University in Krakow.


    Justyna Ozegalska-Trybalska is an Associate Professor (Doctor Habilitatus) at the Intellectual Property Law Chair of the Jagiellonian University. She teaches Internet law, intellectual property law and patent law at Jagiellonian University, Tongji University in Shanghai, Technical University of Dresden. As a visiting scholar, she researched at the Columbia University School of Law in New York (2003) and the Max Planck Institute for Innovation and Competition in Munich (2017). She is an arbitrator at the Domain Name Court at the Polish Chamber of Informatics and Telecommunication and WIPO Arbitration and Mediation Centre; senior expert in international projects and coordinator of the Joint Master's Degree Programme in Intellectual Property and New Technologies organized by Jagiellonian University, World Intellectual Property Organization and the Polish Patent Office. Justyna Ożegalska-Trybalska is the author (co-author) of over 70 national and foreign publications, including a monograph (Domain Name – legal issues, 2003); chapters in the books and articles focused on intellectual property, new technologies, IP management and technology transfer.

    11:30 – 11:45
    TBC

     


    11:45-12:00 Break

     

    12:00 – 12:15 
    The Role of European Patent Attorneys Before the UPC

    Leythem Wall

    Chair of the European Patent Litigators Association (EPLIT)


    12:15 – 12:30 
    Opt-outing or not from the UPC in Poland and elsewhere: elements to consider

    Pieter Callens

    partner at Eubelius (Belgium)


    Pieter Callens assists and defends clients in all fields of intellectual property (trade marks, patents, designs, copyright, etc.). Furthermore, he has an extensive expertise in assisting clients regarding new technologies and ICT. Pieter became an attorney at Eubelius in 2004 and has become a partner of Eubelius in January 2020. Pieter holds a degree in law from the KU Leuven (2003) and an Advanced Master in Economic Law from the University of Brussels (ULB, 2004)). As an exchange student he studied at the Duke University (North Caroline, USA), where he a.o. studied US patent law. From 2008 to 2010 Pieter acted as the advisor intellectual property of the Belgian Federal Minister for Economy. In this capacity he was involved in all new Belgian legislation with regards to intellectual property rights and trade practices, including the negotiations during the Belgian EU presidency of 2010 that led to the new Unitary Patent package of the European Union. Pieter is a member of the Belgian National Association for the Protection of Industrial Property (BNVBIE), the Benelux Association for Trademark and Design Law (BMM) and the International Association AIPPI (International Association for the Protection of Intellectual Property). He is the author of several publications on patent law. Along with Sam Granata he published "Introduction to the unitary patent and the Unified Patent Court" in 2013 and “The Unitary Patent and the Unified Patent Court” in 2017. He also co-authored the (Dutch) book "Patents in Belgium. A practical guide". Pieter teaches patent law at the Royal Flemish Engineering Association (KVIV) in preparatory courses for patent attorneys planning to participate in the Belgian patent attorney exam. Additionally, Pieter serves on the Board for Intellectual Property, being the Belgian official advisory body in the field of intellectual property. At European level, Pieter sat on several occasions as an external expert in the Economic & Scientific Advisory Board of the European Patent Office. He is often invited to speak about patent law. He handles cases in Dutch, French and English.

    12:30 – 12:45
    Poland’s road to UPC – can you exit the EU highway without losing economic speed?

    Tomasz Gawliczek, PhD

    Patent attorney, attorney-at-law, EPLIT member, JWP Patent & Trademark Attorneys


    Tomasz Gawliczek, PhD, assists entrepreneurs at all stages of IP-related disputes: he develops comprehensive strategies on how to proceed, negotiates settlements and represents clients before industrial property offices (Polish Patent Office, EUIPO) and before IP courts and administrative courts. As one of the first Polish lawyers, he completed specialist postgraduate studies at the University of Strasbourg in France in the field of handling cross-border patent disputes in Europe, including preparation to represent clients before the Unified Patent Court (UPC). He has been interested in the topic of uniform patent protection for several years and has been disseminating knowledge in this area in Polish and international press. He is a member of the European Patent Litigators Association (EPLIT), which promotes fair, effective and party-friendly patent litigation in Europe. He was awarded a degree of Doctor of Social Sciences in the field of legal sciences at the University of Wrocław, where he completed full-time doctoral studies and subsequently defended his thesis on criminal-law protection of trademarks. He currently lectures on criminal law at a patent attorney training course. He has gained his teaching and training experience as a lecturer at a higher education institution and as a speaker at national and international trade conferences in the field of design, e-commerce, and life science. He has an excellent command of English and Spanish, which he uses in his work.

    12.00-13.00  Lunch break

     

    13:30 – 14:15
    Panel discussion on anticipated benefits and challenges of launching and operating the Unified Patent Court in Europe

     

    14:15 – 14:30 Break

    BUSINESS PANEL:

    Entrepreneurs and scientific institutions in light of the forthcoming revolution in patent law

    Moderator:

    Piotr Godlewski

    Polish and European patent attorney, partner, EPLIT member, JWP Patent & Trademark Attorneys


    Piotr Godlewski, qualified European Patent Attorney and Polish Patent Attorney. Partner at JWP Patent & Trademark Attorneys. He specializes in the protection of solutions in the field of life sciences, such as biology, chemistry, pharmacy, biotechnology or medicine. He participates in the filing of international and national patent applications, litigation before the Polish Patent Office and opposition proceedings before the European Patent Office. He is also the initiator and co-creator of the JWP division responsible for new services related to the entry into force of the European patent with unitary effect. He has extensive experience in cooperation with universities and research institutes as regards patent application matters and with international pharmaceutical companies (i.e., big pharma) as regards litigation proceedings before the Polish Patent Office and civil courts. He also has many years of experience in conducting trainings and lectures in the field of intellectual property protection. He draws up patent-related opinions and, together with his clients, develops the most effective patent strategies. He is a member of the European Patent Litigators Association (EPLIT), the European Patent Litigators Association (EPI) and the Polish Chamber of Patent Attorneys (PIRP).

    Warszawa

    JWP Patent & Trademark Attorneys
    Sienna Center
    ul. Żelazna 28/30
    00-833 Warsaw
    Poland
    P: +48 22 436 05 07
    E: info@jwp.pl

    VAT: PL5260111868
    Court Register No: 0000717985

    Gdańsk

    JWP Patent & Trademark Attorneys
    HAXO Building
    ul. Strzelecka 7B
    80-803 Gdańsk
    Poland
    P: +48 58 511 05 00
    E: gdansk@jwp.pl

    Kraków

    JWP Rzecznicy Patentowi
    ul. Kamieńskiego 47
    30-644 Kraków
    Poland
    P: +48 12 655 55 59
    E: krakow@jwp.pl

    Wrocław

    JWP Rzecznicy Patentowi
    WPT Bud. Alfa
    ul. Klecińska 123
    54-413 Wrocław
    Poland
    T: +4871 342 50 53
    E: wroclaw@jwp.pl