Salung Petersen, Clement; Schovsbo, Jens --- "Decision-making in the Unified Patent Court: ensuring a balanced approach" [2018] ELECD 912; in Geiger, Christophe; Nard, A. Craig; Seuba, Xavier (eds), "Intellectual Property and the Judiciary" (Edward Elgar Publishing, 2018) 231

Book Title: Intellectual Property and the Judiciary

Editor(s): Geiger, Christophe; Nard, A. Craig; Seuba, Xavier

Publisher: Edward Elgar Publishing

ISBN: 9781788113076

Section: Chapter 7

Section Title: Decision-making in the Unified Patent Court: ensuring a balanced approach

Author(s): Salung Petersen, Clement; Schovsbo, Jens

Number of pages: 24

Abstract/Description:

The Unified Patent Court (UPC) will be a new court system common to the European Union Member States that adopt the unitary patent package. Because of the biases embodied in the UPC institutional setup, there is a risk that non-technical values and interests will be either overlooked or underdeveloped in UPC decision-making. In this chapter, we will analyse how these blind spots can be covered in patent litigation. We will focus on the role of the UPC judges and third parties in establishing a basis for UPC decision-making, and recommend how to interpret the existing rules and principles.