Plesner's book "Den europæiske patentdomstol" (in English: The Unified Patent Court) is published by the publishing house Djøf Forlag. The book includes a general account in Danish of the administration of justice at the future Unified Patent Court (UPC). The UPC will significantly strengthen the patent holders' rights and will create a new framework for how businesses handle patents, both patenting businesses and businesses that risk infringing patents.
The authors of the book are Attorney-at-Law, Partner Peter-Ulrik Plesner; Attorney-at-Law, Partner Sture Rygaard; Attorney-at-Law, Partner Mikkel Vittrup and Attorney-at-Law Peter Nørgaard.
The UPC will introduce a much faster and geographically more widely used system than the present system of national enforcement. A complicated patent action may be decided in just one year with effect for all the 25 participating EU Member States. This will make both patent holders' actions for infringement and third parties' actions for invalidity faster and more efficient than today.
In future, all technology businesses and innovative businesses, suppliers, distributors, wholesalers and research institutions must be ready, whether they have their own patent portfolio or not, to defend themselves at short notice in one of the 25 EU Member States at the risk of losing the market in the 25 EU Member States if they do not do so. Similarly, patent holders must be ready at short notice to defend the validity of their patents.
Thorough introduction to the UPC system
The new book about the UPC provides a thorough and clear introduction to the new system that differs from Danish law in important respects. The book considers the strengths and weaknesses related to the new system and suggests specific solutions as to how both patent holders and potential infringers best navigate the new system.
An important part of the book is the examination of the special opt-out and transitional scheme that makes it possible to institute legal proceedings both before national courts and before the new patent court for at least seven years and enables the patent holders to completely opt out of the scheme.
The book is written with a view to Danish law and outlines the differences and similarities between Danish patent actions and actions before the UPC. It also includes an extensive set of rules with the most important rules regarding the new patent and court scheme.
The book consists of 594 pages and 191 appendix pages with regulations, lists etc.
Read more on Djøf Forlag's website about "Den europæiske patentdomstol" (in Danish)